Why Dasuki wants court to stop his trial
Judge’s absence stalls Badeh’s arraignment
Former National Security Adviser (NSA), Colonel Sambo Dasuki, has once more asked the Federal High Court in Abuja to stop his trial and also free him from the criminal charges of unlawful possession of firearms brought against him by the federal government.
Also, yesterday, the absence of Justice Abang Okon of the Federal High Court Abuja prevented the arraignment of former Chief of Defence Staff (CDS), Air Chief Marshal Alex Badeh.
Dasuki hinged his request on the fact that the Federal Government no longer has the moral and legal rights to continue his trial, having disobeyed the order to grant him bail since November 3 last year.
The ex-NSA in an application seeking his discharge from the criminal charges, argued through his counsel, Mr. Joseph Daudu (SAN) that the Federal Government was in contempt of the court.
Dasuki equally asked Justice Adeniyi Ademola not to indulge the government any longer on the charges against him until it has purged itself of contempt.
Arguing further, Daudu stated that since November 3, 2015, when his client was re-arrested by the operatives of the Department of State Service (DSS), after perfecting the bail conditions, he had since been held in custody without trial for no cogent reasons.
The counsel had maintained that the bail order that admitted Dasuki to bail remained valid since it was neither reviewed nor set aside by the court, stressing that it must be obeyed in the interest of justice.
He claimed that his client could not be lawfully prosecuted because his right to prepare adequately for his defence as enshrined in the bail had been violated, having been kept away from his lawyers.
The counsel also stated that section 36 of 1999 Constitution presumes his client innocent until the guilt had been established and that, for now, the provision of the law had been turned upside down by his re-arrest without trial since last year.
He said: “We must state here that since his re-arrest on November 3, 2015, after perfecting his bail condition, we have not been allowed access to him. We are at the crossroads and only the court can right the wrong in this matter so that the defendant will have time and facilities to defend himself.
“Investors are watching the court and the situation, especially where government has chosen to disobey a lawful court. Absolute power corrupts absolutely and we must not send a wrong signal to the outside world that we have no regard for the rule of law.”
He, therefore, urged the court to prohibit the trial of Dasuki until the government has done the needful.
Dasuki’s interest well protected, says govt
But in his opposition to the application, counsel to the Federal Government, Mr. Dipo Okpeseyi (SAN), urged the court not to grant the application because its purpose was to frustrate the trial and restrain the power to prosecute a criminal charge.
He stated that it would be an anomaly for a court to discharge an accused without trial.
Okpeseyi claimed that the bail granted the defendant did not prohibit his re-arrest in connection with any other matter.
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