The detained former NSA, Sambo Dasuki, has asked the Federal High Court in Abuja to set aside the subpoena served on him to testify in defence of ex-PDP spokesman, Chief Olisa Metuh.
Dasuki’s lawyer, Ahmed Raji (SAN), told Justice Okon Abang on Monday that his client had filed an application to that effect on October 20 and that same had been served on all the parties.
While introducing the application on Monday, Raji said Dasuki had asked as an alternative prayer in the application, an order of stay of execution of the subpoena served on the detainee pending his (Dasuki’s) release from the custody of the Department of State Service.
The DSS had detained Dasuki since December 2015 after the ex-NSA was granted bail in respect of two separate sets of charges instituted against him before the High Court of the Federal Capital Territory.
Justice Abang had earlier refused to grant Metuh’s request to sign subpoena to be served on Dasuki.
But the Court of Appeal in Abuja on September 29 overruled the judge and directed him to sign.
Justice Abang noted on Monday that he had since complied with the Court of Appeal’s order.
The lawyers, including for the prosecution, indicated their intention to oppose Dasuki’s application.
Justice Abang fixed Tuesday for the hearing of the application.
He directed that all the parties would respond to the application orally on Tuesday.
Earlier on Monday, Metuh’s lawyer, Dr. Onyechi Ikpeazu (SAN), indicated his intention to have former President Jonathan summoned to testify in the case in defence of the ex-PDP spokesperson. They sent a letter to Jonathan but he did not reply.