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The Federal Government, yesterday, failed to persuade the Abuja
Division of the Federal High Court to summon the former National Security
Adviser, NSA, Col. Sambo Dasuki( retd), to appear before it.
Dasuki is answering to
a five-count criminal charge bordering on money laundering and alleged
illegal possession of firearms.
He had since pleaded not guilty to the charge, even as the
court, in a ruling on November 3, permitted him to travel to the United Kingdom
for medical treatment.
Dasuki, who told the court that he has cancer, was granted
three-week medical leave by trial 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 had since prevented him from
travelling.
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.
He noted that the former NSA was absent on three consecutive
times 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 up.
However, Justice Adeniyi dismissed the application, yesterday as
“frivolous, unwarranted and lacking in merit.”
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
the DSS to vacate his house located at 13, John Kadija Street, Asokoro with
immediate effect.
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.
Meantime, Justice Adeniyi has slated December 3 to hear an
application asking the court to revoke the bail it granted to Dasuki.
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