Again, another court orders FG to allow Dasuki access lawyers
(Nigeria) For the third time, the Federal Government has
been ordered to allow the detained former National Security Adviser, Col Sambo
Dasuki (retd), to have unhindered access his lawyers for consultation and
briefing in order to allow him prepared adequately for his trial.
The court also granted one-month permission to former
Governor of Sokoto State, Alhaji Attahiru Bafarawa who is standing trial along
with Dasuki to go to Mecca in Saudi Arabia to perform the Lesser Hajj.
In the latest order, an Abuja High Court ordered that Dasuki
must be released to his team of lawyers for eight working days to take briefing
from him and prepare for the trial in the criminal charges filed against him by
the Federal Government.
Justice Peter Affen who issued the order in Abuja on
Wednesday, directed that the operatives of the Department State Security, DSS,
who had been detaining the ex-NSA since December last year after being granted
bail by three courts, must bring him to his lawyers within the premises of the
FCT judiciary headquarters.
It would be recalled that similar orders had been made by
Justice Adeniyi Ademola of the Federal High Court as well as Justice Baba Yusuf
of an Abuja High Court for the same purposes due to complaints of denial of
access to lawyers by Dasuki even after all of them had granted bails.
The security agents are by the fresh order to make Dasuki
available to his legal team being led by Mr. Joseph Daudu, SAN, as from June
13, to June 22, 2016.
The briefing which must be confidential will hold in the
appointed days between 9am to 4pm every day.
Ruling in an application by Dasuki, in which he complained
that he has been denied access to his lawyers in spite of the charges filed
against him, Justice Peter Affen said that it is in the interest of justice
that the defendant must be allowed to have access to the lawyers of his choice
as required by law and in the interest of fair trial.
The Judge noted with joy that the lawyers in the matter
consented that the ex-NSA deserved to be made available to his legal team for
the purpose of making adequate preparation for his defence in the criminal
matter.
The Federal Government counsel, Mr. Rotimi Jacob, SAN, had
vehemently objected to the request of Dasuki for access to his lawyers.
The counsel claimed that there was no evidence before the
court that Dasuki’s lawyers made any attempt to visit the headquarters of the
DSS to take briefing from their clients, adding that the request was a ploy to
delay the trial. Jacobs prayed the court not to indulge the defendant in the
request as doing so would further delay the trial.
However, Justice Affen disagreed with him in the ruling,
adding that it is in the interest of fair trial and constitutional matter that
an accused person must be allowed unfettered access to the legal practitioners
of his choice in other to prepare his defence.
The judge said that in the instance case, the defendant who
is being detained by the DSS on behalf of the federal government had made it
clear that he was being denied access to his already chosen legal practitioners
and asked the prosecution to in the interest of Justice comply with the new
order on accessibility to the counsel by Dasuki.
Meanwhile, former Sokoto State governor, Attahiru Bafarawa
who is standing trial along with Dasuki had been granted permission by the court
to travel for lesser Hajj in Saudi Arabia to perform this year lesser Hajj
otherwise known as Umra.
Justice Affen granted the permission following a motion to
that effect by Dasuki’s lawyer, Prince Latif Fagbemi SAN and which was not
opposed by the protection counsel.
The Judge ordered the travel document be released to
Bafarawa by the Registrar of the court while the applicant was granted
permission to perform the Lesser Hajj between June 5 to July 5 this year.
Justice Affen then adjourned the matter till July 14 and 15,
2016 for definite trial at the instance of counsels in the matter adding that
he would not take any excuse from any of the parties in the matter.
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