Dasuki fights back




Embattled former National Security Adviser to ex-President Goodluck Jonathan, Col. Sambo Dasuki (rtd), has filed an application in court challenging his trial by the Federal Government.
Sambo Dasuki, faces of officers that looted $2.1billion meant to fight Boko Haram2
Dasuki is being prosecuted by the Economic and Financial Crimes Commission (EFCC) for alleged misappropriation of about N19.1billion meant for purchase of arms to fight insurgency.
Accused along with Dasuki are the 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.
Yesterday’s sitting was for the commencement of trial but was stalled due to the “Unless Application” filed by Dasuki’s counsel, Mr. Joseph Daudu (SAN), faulting the disobedience by the Federal Government of the earlier bail granted the former NSA.
Daudu argued before the trial judge, Justice Hussain Baba of High Court of the Federal Capital Territory that the EFCC has no moral and legal rights to prosecute his client as the commission, according to the SAN, is in contempt of three orders of High courts that admitted him (Dasuki) on bail but were not obeyed.
It was Daudu’s contention that the Federal Government cannot proceed with the trial, having disobeyed an order of court which granted bail to the accused person.
Daudu was of the view that a party who disobeyed the order of the court cannot come back to the same court with a request or indulgence.
By the application, Dasuki wants an order of court prohibiting the Federal Government from further prosecuting him on the alleged N19billion fraud or any other charge, or seeking any form of indulgence before any court in the country, until the order granting him bail is obeyed.
The defendant/applicant is also praying for an order discharging him of all the alleged offenses contained in the charge on the basis that the charge cannot be lawfully prosecuted by a government that is in disobedience of a lawful court order.
In the alternative, Dasuki is seeking an order for stay of further proceedings in the charge until he has exhausted the remedies available to him in law for the enforcement of his right to liberty as preserved by the bail order already granted him.
Reacting, the prosecuting counsel, Mr. Rotimi Jacobs (SAN), argued that the defense is employing delay tactics in order to stall the trial.
In their own submissions, counsel to the 2nd and 3rd defendants, Chief Akin Olujinmi (SAN) and Solomon Umoh told the court that the processes filed by Daudu were just served on them in court, adding that they need time to study it.
They, however, prayed the court for an adjournment, which was granted and the matter fixed for February 4.
Newswatch
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