The PDP spokesperson said that some of the funds he was accused of laundering had been used for Jonathan’s campaign in 2015 hence the former president was a vital witness that ought to be called by the EFCC.
Metuh made the statement in a no-case submission filed before the Federal High Court in Abuja.
The PDP spokesperson said, through his lawyer, Chief Onyechi Ikpeazu (SAN), that some of the funds he was accused of laundering had been used for Jonathan’s campaign in 2015 hence the former president was a vital witness that ought to be called by the prosecution.
“Dr Jonathan, to whom the presentation was made for which the payment was made, is therefore a material and indispensable person in order for a prima facie case to be present,” Metuh’s lawyer argued.
“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,” he added.
The EFCC however said, in a response filed on Tuesday, February 23, 2016, that Jonathan’s presence as a witness was not required to prove the allegations against Metuh.
The EFCC’s response read:
“In response to the above argument my lord, we submit that nothing can be farther from the truth. The defence cannot pick and choose witnesses for the prosecution and as rightly pointed out by the defence, the prosecution is not required to call a host of witnesses or a particular witness in proof of its case.
“What the law requires the prosecution to do is to call material witness(es) in proof of its case.”
Metuh has been accused of laundering N400 million, a sum which is believed to be part of $2.1 billion in funds which were meant for the procurement of arms for Nigeria’s military but were instead diverted by public officials.
The EFCC had earlier said that Jonathan hadn’t been arrested in connection with the fraud because no evidence had been found against him.