The
Economic and Financial Crimes Commission told Justice Baba Yusuf of a Federal
Capital Territory High Court in Maitama, Abuja, on Wednesday that the immediate
past National Security Adviser, Col. Sambo Dasuki (retd.), refused to be
brought to court for his trial.
The
EFCC is prosecuting Dasuki and his co-accused person – a former Director of
Finance and Administration in the NSA office, Shuaibu Salisu, and a
former General Manager, Nigerian National Petroleum Corporation, Aminu Babakusa
– on 19 counts of diversion of N32bn meant for arms procurement.
Two
companies – Acacia Holdings Limited and Reliance Referral Hospital Limited –
belonging to Babakusa, are also defendants in the case.
Justice
Yusuf had on February 8, after dismissing the application by Dasuki, seeking an
order prohibiting the EFCC from further prosecuting him on account of his
continued detention, had fixed Wednesday for the trial to begin.
On
Wednesday, however, Dasuki, who had since December 29, 2015, remained in the
custody of the Department of State Services, was not produced in court.
His
two lead counsel, Messrs Joseph Daudu (SAN) and Ahmed Raji (SAN), were also
absent from the court.
But
lead prosecuting counsel, Mr. Rotimi Jacobs (SAN), informed the judge that
Dasuki refused to be brought to court because the senior lawyers, defending
him, would not be present in court on Wednesday.
Jacobs
said, “The first defendant said he would not be in court unless he is abducted
because his lead counsel, J. B Daudu and Ahmed Raji, are not going to be in
court.”
Jacobs
said Daudu had informed him of an application for stay of proceedings of the
trial which was filed before the Court of Appeal on behalf of the former NSA.
He
maintained that the law never stopped an accused person in detention from
facing trial.
He
also alleged that Dasuki’s lawyers had deliberately refused to visit their
client in the DSS custody so that they could continue to use the excuse of lack
of access to him (Dasuki) as an excuse to frustrate the case.
Jacobs
added, “When a defendant is in custody, the counsel should be allowed access to
the defendant.
“I
asked the DSS whether the lawyers ever made attempt to see him, they said they
never did. It is a deliberate plan to frustrate the trial.”
Counsel
who represented Dasuki in court on Wednesday, Mr. Wale Balogun, however
debunked the allegation that his client refused to be brought to court.
He
said, “Concerning the allegation, the defence lawyer is not aware of it. The
defendant is not in court; he has not been produced. It is the requirement of
the law that he should be here. The prosecution has not applied for the accused
to be excused from court.
“The
DSS official should have deposed to an affidavit to that effect.”
The
other defence lawyers, including Mr. Solomon Umoh (SAN), said the matter could
not proceed due to Dasuki’s absence.
Justice
Yusuf adjourned the case till April 6.
Another
judge of the FCT High Court in Maitama, Abuja, Justice Peter Affen, before
whom Dasuki and others are being prosecuted for alleged diversion of
N19bn arms fund, had fixed April 20 and 22 for trial.
Justice
Affen fixed the date for trial after dismissing another application by Dasuki
to stop his trial on account of his continued detention.
Dasuki’s
co-accused persons with respect to the case include a former Director of
Finance and Administration in the Office of the NSA, Shuaibu Salisu, and a
former Minister of State for Finance, Bashir Yuguda.
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