Former National Publicity Secretary of the Peoples Democratic Party (PDP), Olisa Metuh on Tuesday told the Federal High Court, Abuja that he can only testify in his ongoing trial after former President Goodluck Jonathan appears in court.

Background:

• The EFCC had accused Metuh of fraudulently receiving the sum of N400m from the Office of the National Security Adviser without any justification and spent the funds on the party and personal affairs.
• Metuh had urged the court subpoena Jonathan to appear before it as a defence witness in his trial.
• In an application, Jonathan said Metuh must pay N1 billion to cover travelling expenses for himself and his security personnel from his home town, Otuoke in Bayelsa State, to Abuja and also for time that he might spend appearing before the court as President of Nigeria between 2010 to 2015.
• He also added that the evidence being requested from him will expose him to a criminal charge.
• The court had on Monday given Metuh one more chance to serve Jonathan a subpoena or call another witness other than the former President.

What is happening:

Trial judge, Justice Okon Abang on Tuesday ordered Metuh to continue his defence on Wednesday (today), while the court bailiff would make another attempt to serve Jonathan on December 11.

“Whether a party will call a witness or not cannot be predicated on the evidence of a witness yet to be called,” Justice Abang ruled.

However, Metuh’s lawyer insisted that Metuh still wanted Jonathan to first testify before deciding on whether or not he would personally testify in the case.

Etiaba stated, “This morning, we are unable to produce a witness for continuation of trial for two reasons.

“First, we have a witness on subpoena in the person of Dr. Goodluck Ebele Jonathan, GCFR, former President of Nigeria, who is a vital witness for the first defendant and after his testimony, we will appraise the case of the first defendant with a view to making up our minds as to whether we will need further testimony of the first defendant or another witness.

“Yesterday (Monday) an order was made by this honourable court for the subpoena to be personally served on December 11, 2017 in line with the affidavit deposed to by the bailiff of this honourable court.”

Justice Abang adjourned to Wednesday to enable Metuh call another witness.

Azeez