At the resumed hearing on Wednesday, Emeka Etiaba, counsel to Metuh, reminded Okon Abang, the judge, of a pending subpoena before the court to invite Dasuki as the next witness.
However, Abang advised that both the defence and prosecuting counsel to liaise with the authority holding Dasuki to release him to appear in court.
He said it was only after the defence and prosecution had approached the relevant authority and they refuse to release Dasuki, that they can come back to him.
But Tochukwukwu Onwugbufor, counsel to the second defendant, said it was the duty of the court to issue a subpoena to anyone to appear in court.
The defence team filed the subpoena on December 2, 2016.
It was premised on the grounds that since the allegation against Metuh revolved around Dasuki, it was important for Dasuki to be a witness in the matter.
Meanwhile, following the stalling of the case on Tuesday due to the ill-health of Metuh, the defence, at Wednesday’s sitting presented a medical report from the National Hospital with details of his health condition.
The defence team told the court that Metuh was unable to appear in court because he was admitted at the National Hospital for complications arising from spinal cord injuries.
Etiaba said the medical experts handling the defendant’s ailment were unable to give the specific date for his full recovery due to the nature of the ailment.
He asked the court for a three-week adjournment for the defendant to recuperate and also seek further medical attention.
Onwugbufor told the court that he had seen the medical report and that he was suffering the same ailment as the defendant.
He said he was able to get the right medical care only in London, and urged the court to look at the defendant’s case with compassion since his condition was even more critical than his.
According to him, what Metuh is suffering is excruciating and requires expert attention to ensure full recovery.
Prosecuting counsel, Sylvanus Tahir, said he was not opposed to an adjournment, adding that the prosecution sympathised with the defence and wished the defendant quick recovery.
“We have been served with the medical report of the defendant and we have little or nothing to say since the record speaks for itself. All we can say is that we extend our sympathy to the defence,” he said.
“With regards to the request for a three-week adjournment, we are taking them by their word since the medical report did not give an indication about how soon the defendant will be discharged.
“It only says his management will continue until he gets well and I am not opposed to the adjournment.”
Abang adjourned continuation of hearing in the matter till February 21 and February 24.