The bailliff was ordered to take personal service of the summon on Jonathan to his Abuja residence.
Also, Justice Abang asked the Economic and Financial Crimes Commission, EFCC, to persuade the Department of State Service, DSS, to produce former National Security Adviser, NSA, Col. Sambo Dasuki (retd), who is currently in its custody, to enable him to also appear before the court to give evidence in the trial.
The court had on the weight of an application by Metuh, who is facing a seven-count charges alongside his firm, Destra Investment Limited, summoned both Jonathan and Dasuki to appear before it yesterday.
Metuh had in his own defence maintained that the former President and ex-NSA chief, were “very vital and crucial witnesses” in his case.
However, both supposed witness were not in court at the resumed proceeding on the case, yesterday, despite the two separate summons issued to them.
Justice Abang noted that Dasuki had been duly served with a copy of the subpoena as directed by the Court of Appeal in Abuja, while, ex-president Jonathan, on the other hand, was yet to be served.
The court said it would, therefore, not blame the ex-President for his absence in court yesterday, noting that singular attempt by the bailiff to personally serve him the subpoena was not enough.
Justice Abang said due to the absence of the witnesses, it would be difficult for the court to progress with Metuh’s trial.
He ordered that Metuh’s lawyer should apply for Jonathan to be served through other available means, in case the bailiff failed to reach him personally.
Justice Abang said that under section 36(6) of the 1999 Costitution, the former President and Dasuki remained witnesses that are desired to give evidence in the trial.
Justice Abang said: “The bailiff is given five days from today to effect personal service of the subpoena on his excellency, Dr. Goodluck Jonathan. Under section 124 of the Administration of Criminal Justice Act, the bailiff is an agent of the 1st defendant for the purpose of substituted service of the process on Dr. Jonathan.
“This is because the 1st defendant elected to call him as a witness in this matter and not the court.
“In the light of the above, the matter will again be adjourned at the instance of the 1st defendant (Metuh) to enable the subpoenaed witnesses to be in court.
“This case is adjourned to October 31 for the subpoenaed witnesses to give evidence at the instance of the 1st defendant.”
Earlier in his judgment, the judge denied reports that he had insisted that Jonathan must appear before him.
“It is on record that it was the 1st defendant that applied to compel his excellency, Dr. Jonathan and Dasuki to appear in this matter. The court did not on its own order them to be in court.
“It is contemptuous to misrepresent court proceedings. I did not ever on my own compel Dasuki and Jonathan to testify in this matter. 1st defendant applied for subpoena and in exercise of my statutory duty, I signed,” he added.
Earlier, 9jainfo had earlier reported that former president Goodluck Jonathan was absent in court on Wednesday after he was summoned as a witness in the trial against former National Publicity Secretary of the Peoples Democratic Party, PDP.