The Federal Government has appealed the decision by the Federal High Court, Abuja to release the international passport of former National Security Adviser (NSA), Mohammed Sambo Dasuki, to enable him travel abroad.
Justice Adeniyi Ademola had on September 3, granted Dasuki’s prayer for the release of his passport to enable him travel to the United Kingdom on health ground.
He is said to be suffering from colorectal cancer, the form of cancer that affects the cells of the colon or the rectum.
In a notice of appeal filed for the Federal Government by the Director of Public Prosecution of the Federation (DPPF), Muhammad Diri, the Court of Appeal, Abuja was urged to reverse the decision by Justice Ademola on the ground that the judge erred in relying on the authority of Ibori v. the state.
Diri argued that “the order of the trial court releasing the international passport is perverse and ought to be quashed. The decision is unwarranted, unreasonable and cannot be supported having regard to the facts of the case.”
Diri told the Federal High Court Thursday that the appeal was not yet entered because the court’s record of proceedings has not been made available to the prosecution team. He equally handed a copy of the appeal notice to Dasuki’s lawyer, Joseph Daudu (SAN).
Earlier, the court dismissed the prosecution’s application seeking to compel Dasuki to attend proceedings.
Justice Ademola held that under the Administration of Criminal Justice Act (ACJA) 2015, a defendant need not attend court during the hearing of interlocutory motions.
The judge adjourned to December 3 for the hearing of pending applications, including the prosecution’s motion seeking an order revoking the bail granted the defendant (Dasuki) on September1 this year.
The motion is hinged on the ground that Dasuki was being investigated in relation to his alleged involvement in the mismanagement of funds meant for the purchase of arms and military equipment under the Goodluck Jonathan administration.
“Interim report as submitted to the Federal Government indicated that resources running into over $2billion were allegedly corruptly embezzled and the investigation is unfolding further facts that require the presence of the respondent to assist in the investigation.
“As a result of the interim report submitted to the Federal Government, there is a government directive for the arrest of all those indicted by the report, including the defendant. The public interest of the nation is at stake and investigation has to be properly conducted to logical conclusion.
“The on-going investigation, which borders on money laundering against the defendant has also not been concluded and there is fear that investigation might be tampered with on account of foreign visit by the respondent before the completion of investigation.
“Intelligence revealed that the defendant has concluded plans to take advantage of the order of this court releasing his international passport to escape justice and tamper with ongoing investigation.”
It stated that it had received information from the National Hospital, Abuja that the ailment complained about by Dasuki, and for which he seeks to travel abroad was “not a life threatening ailment and facilities are locally available for the treatment.
The Chief medical Director of the National Hospital, Dr. J.A.F. Momoh, in a letter written in response to inquiry by the Solicitor General of the Federation (SGF), Taiwo Abidogun on whether Dasuki’s ailment could be treated in the country, answered in the affirmative.
Part of the letter dated October 26, 2015 reads; “the treatment of colorectal cancer involves pre-treatment investigations, which include ultrasound, computerized scanner and other laboratory tests to facilitate surgery.
“These investigations as well as the surgical expertise for surgical treatment of this lesion are available at the National Hospital as well as some teaching hospitals in Nigeria. Following the surgery, there is almost always need for adjuvant chemotherapy, which are equally available in Nigeria.
“I submit that facilities needed to treat colorectal cancer, including external beam radiotherapy in very advanced colorectal cancer are available in National Hospital, Abuja.”
