The Formal National Security Adviser, Col. Sambo Dasuki (retd.), has filed a fresh application to stop his trial for charges of alleged diversion of about $2.1bn, part of funds meant for procurement of arms, before Justice Baba Yusuf of a Federal Capital Territory High Court in Maitama, Abuja.
The judge, however, on Thursday, fixed Friday (today) for the commencement of trial of Dasuki and his other co-accused.
Others who were on December 14, 2015
arraigned along with Dasuki on the same set of 19 counts are a former
Director of Finance and Administration in the Office of the NSA, Shuaibu
Salisu, and a former Director of the Nigerian National Petroleum
Corporation, Aminu Baba-Kusa.
Aminu-Kausa’s two firms – Acacia Holdings Limited and Reliance Referral Hospital Limited – are also part of the accused.
It could not be ascertained whether the judge would be willing to take the fresh application filed by Dasuki on Friday (today).
The provisions of the Administration of
Criminal Justice Act 2015 which is the law guiding criminal proceedings
prohibits the hearing of any interlocutory application aimed at halting a
criminal trial.
The new law in its sections 306 and 396
stipulate that such interlocutory applications having to do with the
merit of the charges filed should only be considered at the stage when
the substantive issue in the case is being addressed.
Section 306 of the ACJ Act reads, “An
application for stay of proceedings in respect of a criminal matter
before the court shall not be entertained.”
Section 396 (1) and (2) of the law
reads, “The defendant to be tried on an information or charge shall be
arraigned in accordance with the provisions of this Act relating to the
taking of pleas and the procedure on it.
“After the plea has been taken the
defendant may raise any objection to the validity of the charge or the
information at any time before judgment provided that such objection
shall only be considered along with the substantive issues and a ruling
thereon made at the time of delivery of judgment.”
But our correspondent learnt on Thursday
that the fresh application filed by Dasuki, through his lawyers, was
predicated on grounds different from what used to be the basis for such
motions usually filed by high profile suspects to terminate a criminal
trial before the coming into force of the ACJ Act.
Some lawyers who had seen the
application by Dasuki disclosed to our correspondent on Thursday that it
was predicated on an allegation that the prosecution, was in contempt
of court through the alleged disobedience of the court’s order granting
bail to the former NSA.
“They are saying in the application that
the judge cannot hear the charges because the prosecution has continued
to disobey the court orders granting bail to the defendant,” a lawyer
that was not willing to be named said.
Justice Yusuf had on December 18 granted bail to Dasuki and the rest of his co-accused in the sum of N250m with one surety each.
On December 21, Justice Peter Affen of
the same FCT High Court in Maitama, Abuja also granted bail to Dasuki
and his co-defendants with respect to another set of 22 counts of
misappropriation of about N13bn, which was part of the arms fund, in the
sum of N250m with two sureties in like sum.
But upon being released from prison
after meeting the bail conditions, Dasuki was reportedly re-arrested by
the operatives of the Department of State Services, in whose custody he
has since remained.
The defence lawyers are of the view that
their client’s re-arrest constituted an act of contempt and that his
trial should be stopped on that basis.
The prosecution was scheduled to open
its trial by calling its first witness on Thursday but was stalled due
to the absence of Dasuki’s lawyers, Mr. Joseph Daudu (SAN) and Mr. Ahmed
Raji (SAN), who had written to the court that they would be in Kogi
State for an election petition case on Thursday.
Prosecuting counsel for EFCC, Mr. Rotimi
Jacobs (SAN), and other defence counsel in the case did not oppose the
request by Dasuki’s lawyers.
The judge then fixed the trial for 10am on Friday (today).
Earlier on Thursday, the judge had to
stand down the matter for about one hour, to await the arrival of
Dasuki, who was being conveyed to the court by the operatives of the
DSS.
Justice Yusuf stood the case down till
11am after an assurance by Jacobs that the DSS operatives conveying the
ex-NSA to court were already on their way.
The court reconstituted at about 11am and the letter by Dasuki’s lawyers was considered.
Though Jacobs raised concerns about the
delay which the request by the defence lawyers would cause, he conceded
to the request as did the other defence lawyers, comprising Messrs Wale
Akoni (SAN), Solomon Umoh (SAN) and A.U Mustapha.
The accused persons, in the 19 counts,
were accused of misappropriating about N32bn between January 13, 2013
and April 17, 2015, amounting to an offence of criminal breach of trust
to provisions of section 315 of the Penal Code Act, and section 17 (b)
of the EFCC Act, 2004.
They were charged with dishonest receipt
of stolen property in breach of sections 97 and 317 of the Penal Code
Act as well as receipt of proceeds of criminal conducts in breach of
section 17(b) of the EFCC Act.
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