…To proceed with trial in ex-NSA’s absence
…Adjourns to Dec 11
A Federal High Court in Abuja on Monday agreed to proceed with the trial of former National Security Adviser (NSA), Sambo Dasuki in his absence.
Justice Ahmed Mohammed, in a ruling, said Dasuki’s continued absence from court was without any justification.
Dasuki is standing trial on charges money laundering and illegal possession of firearms, brought against him by the Federal Government of Nigeria.
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Justice Mohammed’s decision to do away with Dasuki’s presence was informed by an application by the prosecution, led by Dipo Okpeseyi (SAN).
At the commencement of proceedings on Monday, Okpeseyi noted that Dasuki, who had written the court on November 12 this year and sought the stoppage of his trial, was absent in court.
Okpeseyi urged the court to apply the provision of Section 352(4) of Administration of Criminal Justice Act (ACJA), which allows the court to proceed with trial, where the defendant decided to stay away without justifiable reasons.
Okpeseyi told that court the prosecution has complied with its earlier order, directing the prosecution to file an affidavit, stating that Dasuki has refused to attend court.
He noted that Dasuki had, since January this years, failed to attend court on four consecutive adjournments.
The prosecuting lawyer said: “He has been absent for four times. To compound the effrontery, he wrote to this court. That is a direct challenge to the authority of this court. We urge this court not to take the challenge lightly.”
In a counter-argument, Dasuki’s lawyer, Victor Okwudiri, questioned the competence of the affidavit filed by the prosecution. He noted that the seal of the lawyer, who deposed to the affidavit was not affixed to it as required.
Okwudiri argued that at the prosecution’s failure to affix the lawyer’s seal to the affidavit amounted to a breach of Rule 10(1), (2), (3) of the Rules of Professional Conduct.
He further argued that the affidavit failed to comply with the court’s earlier order, which he said, directed the prosecution to state with facts that Dasuki failed to attend court in respect of the day’s proceedings.
The defence lawyer contended that, by its affidavit, the prosecution merely gave an account of the alleged instances of alleged previous refusal of the defendant to come to court but not in relation to yesterday’s proceedings.
Ruling, Justice Mohammed brushed aside the objection raised by the defence lawyer and upheld the argument by the prosecution.
The judge noted that Dasuki wrote a letter dated November 12, 2018 seeking to be excluded from the trial on the grounds that the state had allegedly refused to comply with orders for his release.
Justice Mohammed said, by his letter and his continued absence from court since he wrote the letter, showed that Dasuki was no longer interested in appearing in court for trial.
He said: “It is very clear that the defendant is not willing to be attending court for his trial. I hereby invoke the provision of Section 352(4) of the Administration of Criminal Justice Act, by ordering the trial to proceed in his absence.”
In rejecting the defence’s objection, Justice Mohammed said the affidavit filed by the prosecution, in compliance with the court’s earlier order, was properly filed.
He said the affidavit did not violate the Rules of Professional Conduct for Legal Practitioners, as alleged by the defence lawyer.
The judge observed that the lawyer, who deposed to the affidavit, did so in her capacity as a witness and not as a lawyer.
He adjourned to December 11 for the continuation of trial with or without the defendant’s presence.
Dasuki had, in the letter, dated November 12, 2018, which he addressed to the Registrar of Court 5, Federal High Court, prayed the court to stop his prosecution on the grounds that the Federal Government has allegedly failed to obey orders made for his release on bail.
The letter, titled: “Re: Unabated persecution of Col. Mohammed Sambo Dasuki (rtd) by the Federal Government of Nigeria,” was signed by the ex-NSA.
Dasuki, in the letter gave a brief profile of himself and detailed what he described as constituting his persecution by the Federal Government and its agency, the Department of State Services (DSS).
He referred to five different orders for his release made, both by Nigerian courts and the Community Court of the Economic Community of West African States (ECOWAS), which he said the Nigerian government has failed to obey.
Dasuki said: “The resolve to continue detaining me, against the several orders of court and in brazen violation of the Constitution, is wrongful and arbitrary. It has inflicted physical, emotional and psychological torture on my family and me.
“The decision of the Federal Government of Nigeria is not only high-handed, it is also arbitrary and in violation of both domestic and international laws on human rights.
“At this juncture, it will seem that the Nigerian Government is not inclined to yield or obey the orders of any court of law, whether domestic or international.
“Ironically, the Federal Government still wants to ride on judicial wings to prosecute me. when it does not comply with the orders that proceed from the court, especially in relations to me.
“At this point, I strongly believe that there must be an end to this hypocrisy and lopsided / partisan rule of law.
“Since the Federal Government has resolved not to comply with judicial orders directing my release, it is better for the court to also absolve me of the need to submit myself for further prosecution.
“Justice should be evenly dispensed, as opposed to same, being, in favour of the Federal Government of Nigeria.”
