Counsel to Olisa Metuh, former Publicity Secretary of the Peoples Democratic Party (PDP), Emeka Etiaba (SAN) has threatened to withdraw from his money laundering trial, if the Federal High Court in Abuja interferes with his plans for the defence.
Etiaba told Justice Okon Abang that if part of the plan, which was to allow former president, Goodluck Jonathan to testify and Metuh would also testify and close his case, was not allowed, he would have no choice but to exercise “my right to withdraw from further representing the first defendant.”
Metuh is facing seven count charges alongside his company, Destra Investment Ltd, for allegedly receiving the sum of N400million from former NSA, retired Col. Sambo Dasuki for PDP’s 2015 election campaign.
At the resumed hearing yesterday, the court bailiff reported that the third attempt to effect personal service of the subpoena of October 23 on Jonathan failed as he was asked by his aides to return on December 11 for the service.
Justice Abang had sought to know if Etiaba would not make progress in the matter if the former president is not in court to testify. But he requested the court to adjourn the case till after the December 11 date to allow the bailiff another attempt at personal service on Jonathan.
In his submission, EFCC counsel, Sylvanus Tahir asked the court to close Metuh’s case based on Section 250 (2) (b) of the Administration of Criminal Justice Act (ACJA), 2015 in the absence of any other witness if the former president fails to show up.
“There must be an end to litigation. The court cannot wait ad infinitum,” he said.
In his ruling, the judge approved final service of the subpoena on Jonathan for December 11, and ordered Metuh to proceed with any other witness on Tuesday.