Court refuses FG plea for Dasuki’s presence in court throughout trial
(Nigeria) A Federal High Court sitting in Abuja on Thursday,
dismissed the application by the Federal Government seeking to compel the presence
of the former National Security Adviser, NSA, Col. Sambo Dasuki (retd), in court throughout
his trial.
In defiance of previous court order, Department of State
Security, DSS, has refused to vacate the Abuja residence of Dasuki and
prevented him from traveling for medical treatment.
The operatives have placed him on restriction, as they lay
siege to his Abuja home for more than three weeks.
The Federal Government through the Director of the Public
Prosecution of the Federation, DPPF, Mr Mohammed Diri, who filed the
application argued that Dasuki was wrong in law by staying away from court for
three consecutive times the case against him came up in court.
He cited section 266 of the Administration of Criminal
Justice Act 2015 as a law that makes presence of Dasuki mandatory in court at
all times.
But delivering ruling in the application, Justice Adeniyi
Ademola dismissed it for being frivolous, unwarranted and lacking in merit.
Justice Ademola agreed with counsel to Dasuki, Mr Joseph Daudu, SAN, that the
law was turned upside down by the Federal Government counsel for no just cause.
The Judge who read out the section 266 of the Administration
of Criminal Justice Act 2015 held that the law was so clear that the presence
of an accused person can be dispensed with in court during interlocutory
applications.
He agreed that since only interlocutory applications were
being argued in court presently, the presence of Dasuki was not mandatory in
court for now.
The former NSA had filed an application before the Judge to
permit his absence in court for now in view` of the alleged threat to his life
in the hands of operatives of the Federal Government security agents who have
laid sieges around his Abuja residence for more than three weeks.
Meanwhile, hearing in another application filed by Federal
Government seeking court order to revoke the bail earlier granted Dasuki has
been fixed for December 3.
The application could not be heard yesterday as Justice
Ademola said he was being expected at the on-going Judges Conference being held
in Abuja.
The application filed by Mr Diri is asking the court to
commit the former NSA to prison pending the completion of investigation into
money laundering allegations against him.
He also opposed the permission granted Dasuki by Justice
Ademola to travel abroad for three weeks to treat his ailment adding that the
NSA will escape justice if allowed to go abroad.
Dasuki’s lawyers led by Daudu have, however, filed objection to the application on the ground that it was baseless and
speculative.
They urged Justice Ademola to dismiss the application.
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