Everyone
at the Federal Capital Territory High Court in Abuja today was
surprised once again as the President Buhari-led federal government
failed to produce former National Security Adviser, Sambo Dasuki, for
trial on corruption charges
Ex NSA, Sambo Dasuki in a previous court appearance
The Federal Government again failed on Tuesday to produce former
National Security Adviser, Sambo Dasuki, before a Federal Capital
Territory High Court in Abuja for trial on corruption charges brought
against him by the government.
Although witnesses in the case were assembled by the Economic and
Financial Crimes Commission (EFCC) in court, the trial was scuttled by
the failure of the State Security Services (SSS) to release Mr. Dasuki
to EFCC for the trial.
At the resumed of the case, counsel to the EFCC, Oluwaleke
Atolagbe, informed Justice Baba Yusuf that he had made serious efforts
through the EFCC to contact the SSS to produce the first defendant in
court and regretted that as at the time the court was sitting his
efforts did not yield fruitful result.
The counsel informed the court that there was no indication that
the former NSA would be brought to court for the trial even though the
witnesses were in court.
Mr. Atolagbe appealed that the matter be stood down pending the
arrival of the prosecution counsel, Rotimi Jacob, who was attending a
different case at the Court of Appeal.
Mr. Jacob was needed to give more details about Mr. Dasuki’s absence from court.
However, counsel to Salisu Shuaib, a former Director of Finance
ONSA, Akin Olujimi, said that the coming into court of Mr. Jacob would
be inconsequential in the absence of the first defendant (Mr. Dasuki).
Mr. Olujimi, a former Attorney General of the Federation and
Justice Minister, told the court that the prosecution had failed to
produce the defendant in court and ought to admit that and ask for
adjournment.
The SAN informed Justice Baba Yusuf that it is settled in law that
trial cannot go ahead in the absence of the defendant and prayed the
judge to grant adjournment to the prosecution to enable them take steps
to produce Mr. Dasuki in court on the adjourned date.
Mr. Olujimi also asked the court to issue a warning to the
prosecution to be serious with the trial and to ensure that Mr. Dasuki
was produced in court at all stages of the trial as demanded by law.
In his own submission, counsel to Aminu Baba-Kusa, a former executive at NNPC, Solomon Umor, informed Justice Baba Yusuf that “ordinarily
the prosecution ought to apply for a bench warrant against Dasuki for a
failure to appear in court for trial but noted that in the instance
case, the prosecution would not do so because they were the one
responsible for the absence of Dasuki because of his unwarranted
detention.
“Let the truth be told here that it is the Federal Government
that is frustrating this trial because it wants to eat its cake and have
it at the same time. By this I mean the government wanted the first
defendant tried for criminal matter and yet it was not ready to allow
the defendant have access to his lawyers or even to court to face that
trial.
“I would have asked that the defendants in this case be
discharged and allow to go home pending the time the prosecution would
get serious for their trial. But I will reluctantly concede to one more
adjournment be granted to the prosecution.
“Let me say that this adjournment should go with stern warning
to the prosecution (which) should not come before this court with
another story because the defendants must not be held to ransom by the
unwilling prosecution.”
In his ruling, Justice Baba Yusuf said that that it was the
responsibility of the prosecution to produce the defendant in court as
required by law but regretted that the prosecution had unfortunately
abdicated this responsibility.
The Judge said because the conduct of the prosecution had been good
in the past, he granted an adjournment of the trial till May 23, 2016.
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