The Federal Government has failed to persuade a Federal High Court, Abuja to summon the former National Security Adviser (NSA), Col. Sambo Dasuki (rtd) to appear before it, dismissing the request as “frivolous, unwarranted and lacking in merit.”
Dasuki is standing trial for a five-count criminal charge of money laundering and illegal possession of firearms levelled against him.
He pleaded not guilty to the charge and the court on November 3 permitted him to fly abroad for medical treatment.
Dasuki, who told the court that he has cancer, was granted three-weeks’ medical leave by Justice Ademola Adeniyi. However, a day after the order was made by the court, operatives of the Department of State Service (DSS) besieged Dasuki’s home and has since prevented him from flying out.
In a ruling yesterday, Justice Ademola Adeniyi dismissed an application filed by the Federal Government with a view to securing an order that will compel the presence of Dasuki in court.
Arguing the application, the Director of the Public Prosecution (DPP), Mr. Mohammed Diri, insisted that it was wrong for Dasuki to stay away from the court when motions bordering on his criminal trial were being heard.
Diri noted that the former NSA was absent for three consecutive times when the case against him came up before the high court.
The DPP maintained that Section 266 of the Administration of Criminal Justice Act 2015 made it mandatory that an accused person must always be present in court whenever his case is called.
However, Justice Adeniyi ”
He agreed with counsel to Dasuki, Mr. Joseph Daudu (SAN), that the DPP misinterpreted the section of the ACJA upon which the application was anchored.
The judge held that going by the law, the presence of an accused person could be dispensed with in court during hearing on interlocutory applications.
He said the presence of Dasuki was not mandatory since the court is still entertaining interlocutory applications from both parties.
The former NSA had filed an application before the judge to permit his absence in court for now, saying he has been under house arrest since November 4.
In his fundamental right enforcement application, Dasuki prayed the court for an order directing the Federal Government and operatives of DSS to vacate his house at 13, John Kadija Street, Asokoro immediately.
Sequel to the application, Justice Adeniyi summoned the Attorney General of the Federation Abubakar Malami (SAN), to appear in court to explain why Dasuki was barred from traveling despite the permission of the court, a summons the AGF lawlessly failed to honour.
Meantime, Justice Adeniyi has slated December 3 to hear an application asking the court to revoke the bail it granted to Dasuki.
-Vanguard