The National Publicity Secretary of the Peoples Democratic Party (PDP), Chief Olisa Metuh, has informed a Federal High Court that the Economic and Financial Crimes Commission (EFCC) cannot prosecute him without interrogating the immediate past President Goodluck Jonathan regarding the source of the N400 million alleged to be part of arms purchase funds.
Metuh said: “Dr. Jonathan, to whom the presentation was made for which the payment was made, is therefore a material and indispensible person in order for a prima facie case to be present. Where the prosecution failed to call such a vital witness, a strong presumption will arise that the evidence, if called, would be unfavourable to the prosecution.”
“In any case, the “mens rea’ of the defendants to the effect that former NSA, Col. Sambo Dasuki (retd) committed a criminal offence cannot be inferred, but must be established by a competent evidence which must come from the prosecution.”
“In this case, by the evidence of PW3 who works in the Office of the National Security Adviser [ONSA], the NSA is answerable to the then President Goodluck Jonathan only.”
“In this case, it has not been established that the defendants knew that the ONSA engaged in any unlawful acts, adding that an unlawful act must be an act which is not authorised or approved and which has been found to be illegal.
“There was no evidence that the defendants were involved in any forged documents to create a contract where none was in fact, in existence.
“Pw8, the investigator was emphatic that he found no relationship of any kind between the defendants and Col. Sambo Dasuki.”
However, the PDP’s spokesperson, whose defence team was led by Chief Onyechi Ikpeazu (SAN) took a new plea of not guilty in the revised charge against him and his earlier bail was restored by the court.
Further hearing was adjourned to February 25 for adoption of written addresses.
Metuh is accused of receiving N400 million from a former national security adviser Sambo Dasuki. The money was part of about $2.1 billion for arms procurement, but allegedly diverted by Dasuki.