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Former President
Goodluck Ebele Jonathan, has filed an application before a Federal High Court
sitting in Abuja, asking for an order of court wholly setting aside the
issuance and service of the subpoena ad testificandum issued on him by the
court on October 23, 2017, for the purpose of compelling him to appear in court
to give evidence in proceedings of a charge delineated FHC/ABJ/ CR/05/2016.
The suit was filed by the Federal Republic of
Nigeria against Olisa Metuh and Destra Investment Limited with a seven-count
criminal charge.
Jonathan further asked in the alternative for
an order mandating Olisa Metuh to deposit the sum of one billion naira with the
court in line with the provisions of Section 241 (2) of the Administration of
Criminal Justice Act 2015.
The one billion naira according to former
President Jonathan, is to cover his travel expenses and that of his security
personnel from Otuoke to Abuja and for logistics as well as provision of tight
security to cover the period of time he might spend appearing before the court
as former President and any other order the court may deem fit.
The Motion on Notice dated October 27, 2017
and signed by his counsel, Chief Mike Ozekhome (SAN) was brought before the
court pursuant Section 37 of the Constitution of the Federal Republic of
Nigeria, 1999, as altered, Section 241(2) of the Administration of Criminal
Justice Act 2015, Section 183 of the Evidence Act 2011 and the inherent
jurisdiction of the court as preserved in Section 6 (6A&B) of the
constitution of the Federal Republic of Nigeria, 1999, as altered.
The grounds given by the former President in
his Motion on Notice includes that the evidence being sought from him is an
invasion of his personal privacy and family life as provided in Section 37 of
the constitution of the Federal Republic of Nigeria, 1999, as altered.
He further stated that the evidence being
sought from him is likely to expose him to a criminal charge, penalty and
forfeiture, adding that the subpoena is vague and applied for on a frivolous
ground.
According to him, the application for issuance
of a subpoena for him to appear and give evidence in the charge against Metuh
was in bad faith as it was meant to embarrass him and subject him to public
ridicule, odium and obloquy.
Former president Jonathan argued further in
his application before the court that Olisa Metuh was not his personal aid or
appointee while he was the president of Nigeria and could not have dealt with
him directly under any circumstance to warrant his invitation to give testimony
in the criminal charge against him.
He added that the seven-count-charge against
Metuh before the court for which he was invited to testify has no nexus or
connection to him as during his tenure, he appointed people into different
positions of authority to carry out the day to day running of government
activities and he believed in their competence that they discharged the duties
to the best of their ability in the overall interest of the nation.
This he said, indicates that it is these
appointees that related with him directly and not any third parties, adding
that it is these appointees that are in the best position to explain or give
testimony on the daily activities of government under their supervision.
Explaining his request for an alternate order
mandating Metuh to deposit one billion naira for his travel expense with the
court, Jonathan stated that by provisions of Section 241(2) of the
Administration of Criminal Justice Act 2015, he is not bound to attend court
except Metuh pays for his travel expense.
The Motion on Notice filed by the former
president was supported by a six-paragraph affidavit deposed to by Usman
Salihu, a litigation officer with the law firm of Mike Ozekhome and a written
address in which former President Jonathan argued his points in support of the
motion.
•Text courtesy of Nigerian Tribuine.
Source News Express
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