Dasuki files fresh application to squash his trial

Former National Security Adviser (NSA), Col. Sambo Dasiki (rtd) has filed a fresh application before a Federal High Court in Abuja, seeking to stop his criminal trial before Justice Adeniyi Ademola.

The Federal Government had arraigned Dasuki on charges of unlawful possession of fire arms, breach of trust and money laundering.

 At the resumed hearing yesterday, the prosecution counsel, Dipo Okpeseyi (SAN) informed the court that the matter was slated for trial and the prosecution was ready. 

But in strong opposition to the prosecution counsel's submission, Dasuki's counsel, Joseph Daudu (SAN) told the court that his client was not ready for trial following his prolonged detention by operatives of the Department for State Services (DSS).  

Daudu told the court that the defendant enjoys the constitutional right to be given adequate time and facility to prepare for his defence. 

"The conduct of the prosecution in this matter has made us not to enjoy any of these constitutional rights.

"The worst is that for about seven weeks now, we don't have access to the accused person except when he is produced in court.

"This attitude constitutes serious attack on the rule of law," Daudu declared.

Subsequently, Daudu urged the court to adjourn the suit to enable him reply to the counter-affidavit filed by prosecution in response to Dasuki's application to quash the charges despite subsisting court orders admitting the defendant to bail.  

However, in his response to Daudu's submissions, Okpeseyi averred that Dasuki's trial is of national and international importance, adding that in compliance with the spirit of the Administration of Criminal Justice Act, 2015, there was no need for an adjournment. 

Okpeseyi drew the trial Judge's attention to the fact that Dasuki's detention by the DSS had nothing to do with the current charges before the court. 

"It will be wrong to say that the prosecution is adamant to keep the defendant in custody. It is not true that Dasuki is not custody on this charge in which he was granted bail but that the DSS is investigating him for another offences he allegedly committed," the prosecution counsel said. 

In a short ruling on whether to adjourn the suit to enable the defence counsel file his reply, Justice Ademola adjourned the suit till March 3, 2016 in the interest of justice.

He, however, ordered the defence lawyer to file his reply to the prosecution's written address and counter-affidavit within seven days.

The court equally ordered that Dasuki must be brought to court at the next adjourned date and subsequent sittings in this criminal charge.

source: Tribune