As a legal practitioner, before i can talk about my take on Federal High Court Subpoena on former President Goodluck Jonathan to appear testify in Olisa Metuh’s trial, there is need to understand the facts of the case; how relevant is the appearance of the former President for the just determination of the criminal trial of Olisa Metuh? Why did Olisa Metuh need the former President in his defence? Will the testimony of the former President relevant to the fact in issue? One must also consider that it is a criminal matter that goes beyond fine, but imprisonment if Olisa Metuh is found guilty of the allegations made against him and his company: Destra Investments Limited since they are standing trial on a seven-count charge of money laundering involving alleged cash transaction of $2 million and fraudulent receipt of N400 million meant for procurement of arms from Dasuki, when he was the National Security Adviser to the former President Goodluck Jonathan. It must be understood that it was at the instance of Olisa Metuh to the Court of Appeal to make not the former President his witness, but also former NSA, Dansuki. Since it is the decision of the higher Court to grant Olisa Metuh’s application to make them witnesses, the Federal High Court which is the trial Court has no alternative than to obey the higher Court. Courts are bound by its rules in arriving at a position. See Nzekwe v. Anaekwenegbu (2011) 16 NWLR (1274) 431 CA. Court is to neutral without taking sides as such it is the fundamental rights of Metuh to defend the suit against him as confirmed in Okoye v. Commissioner of Police (2015) EJSC (Vol. 20) 134 SC at Pg. 137; Nweke v. State (2017) LPELR-420103 SC and Section 36(6) of the Constitution of FRN 1999 as amended in 2011; get his witnesses which are relevant and quality to help his case (See Musa v. State (2017) EJSC (Vol. 64) 50 SC at Pg. 53 and Chief Saiperemor Preye Amaremor v. The State 2014(3) LPELR-6); whether voluntarily acceptance to be witness or requires the aid of Court through subpoena. Particularly, the Olisa Metuh is still presumed innocent until proven guilty. I refer to the Supreme Court case of State v. Salawu (2011) 18 NWLR (Pt.1279) 493 SC. Hence, the Hon. Justice Abang has not erred in law to insist on subpoena in compliance with the Court of Appeal decision which is binding until it is set aside by superior Court of Competent Jurisdiction. The presence of the former President is relevant to the case of Olisa Metuh who was the former National Publicity Secretary of the Peoples Democratic Party (PDP) and the allegations bother on money laundering case under the former President’s administration. Before the former President can appear before the Court must be served the subpoena personally and not that he overhears it on television or read it on Newspaper before he must submit himself to the jurisdiction of the Court. If personal service is impossible then application can be made to the Court to serve him by substituted means which can be pasting or on newspaper and so on. Failure to serve the former President personally or by substituted means, the trial will be delayed further. Service of any Court subpoena must be complied with, then the former President will be duty bound legally to appear. There is no place for sentiment or morality in criminal matter. The former President should be able to appear in Court not to lie, but to say the true statement of fact and submit himself for cross-examination. This will help the PDP as a party; clear the air on integrity of the former President and his link to the allegation and throw more light on how guilty or innocence is Olisa Metuh to the alleged offences. The former President asking for One Billion Naira to appear as Olisa Metuh’s witness is unheard of and thinking he will later be arraigned on any criminal offence shows that he has something to hide as per corruption perpetuated during his administration. (Rtd.) Col. Sambo Dansuki’s requiring time to refresh his memory is alarming. The issue is are they betraying the Defendant now? The implications of the former President Goodluck Jonathan’s failure to honour the subpoena or summon will attract punishment because it is the Order of the Court of Appeal, Abuja that is being complied with by the trial Court, Federal High Court, Abuja presided over by Hon. Justice Abang Okon. Once the former President is served the subpoena, he must obey. As Hon. Justice Abang Okon had said “a deliberate violation of subpoena carried jail term of not less than two months and a fine of N10, 000.” The invitation of the former President Goodluck Jonathan to appear in Court at the instance of Olisa Metuh who was his close associate; they ran a government for years with their political party, PDP has nothing to do with violation of of the traditional respect reserved for the former Presidents. If constitutionally the President can give witness in Court as a nominal party, nothing is wrong because this has to do with criminal culpability. No former President will be respected if they are not living above board. If they allow much allegation during their administration, it is not about traditional respect anymore. No one is above the law as the former Presidents should not be treated as different from Nigerian citizens – traditional respect should cease after leaving office when it has to do with criminal culpability or liability. It is just for the former President to witness and not to be a defendant in the criminal trial. In conclusion, i do not believe there is a political perspective to the subpoena issued against the former President. Is Olisa Metuh not a PDP important member anyone? Is the former President being summoned at the instant of the prosecution to be their witness? Are we to deny Olisa Metuh not needing the former President to help him in his criminal trial. When you look at the above questions, you will agree with me that it is not about linking the former President to the offence rather to face the consequence of his negligence under his administration if he did not participate in any alleged offence. We should understand that Olisa Metuh will not want to be guilty and sentenced on these offences as such he has to call on those who will help him to be free of criminal culpability. It is about individual now so he has to be selfish to ensure that he will not be found guilty and sentenced eventually. Besides, witch hunting or hearsay or rumour is not a defence to any criminal allegation. The same way, I do not want to assume that emergence of Niger Delta Avenger is a strategy to avoid the former President from being criminally culpable in future for any offence. Is Olisa Metuh not being betrayed by his associates? Hmm! Prince Olumide Akindiya, Legal Practitioner based in Lagos. ]]>
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