Justice Ahmed Rahmat Mohammed has
ordered that former National Security Adviser, Col Sambo Dasuki (retd) be
prosecuted in absentia by the Federal Government following his resolve not to
appear in court for further proceedings.
The judge invoked section 352 (4)
of the Administration of Criminal Justice Act (ACJA) to issue the order at the
resumed trial in Abuja in which Dasuki was absent in court.
Justice Rahmat Mohammed was one
of the judges whose orders granting Dasuki bail were disobeyed by the Federal
Government.
Dasuki had last week berated the
Federal Government over his continued detention and disobedience to various
court orders that admitted him on bail.
In a strongly worded letter he
personally signed and addressed to the Registrar of the Federal High Court
Abuja, Dasuki vowed to boycott any proceeding for his trial since the
government has proved beyond reasonable doubt that it would not obey any order
of the court in his favour.
Dasuki had previously perfected
bails granted him by five different judges of high courts including Justices
Ademola Adeniyi, Justice Ahmed Mohammed and Justice Ijeoma Ojukwu of the Abuja
Federal High Court, Justice Hussein Baba-Yusuf and Justice Peter Affen of the
FCT High Courts. The ECOWAS Court of Justice also ordered his immediate release
from detention.
At the resume hearing on Monday,
counsel to the Federal Government, Mr. Dipo Opeseyi, filed an affidavit dated
November 19, 2018 and attached with it a letter of November 12 written to the
court by Dasuki that he would no longer attend trial in court in protest over
the disobedience to the Federal Government to several court judgement which
ordered his release from unlawful detention since December 2015.
In the affidavit deposed by a
lawyer, Abimbola Akintola, the Federal Government pleaded for the trial of
Dasuki in absentia and in the alternative for the court to compel his presence
before the court.
Opeseyi, while adopting the
affidavit, claimed that it was filed in compliance with the order of the court
on April 10, 2018 to the effect that whenever the ex-NSA chooses not to be in
court, the prosecution must depose to an affidavit to the effect.
The senior counsel submitted that
with Dasuki’s letter addressed to the Registrar of the court, which was
tendered before the court, it is clear that the ex-NSA has made up his mind not
to attend the trial in the charges of unlawful possession of firearms brought
against him by the Federal Government.
Opeseyi submitted that the grouse
of Dasuki was borne out of facts that arose from matters in different courts
and as such his grievances ought to have been addressed to the affected courts.
However, Dasuki’s counsel, Mr
Victor Okwudili, vehemently objected to the affidavit of the federal government
on his client on the ground that the affidavit evidence was not competent in
the eyes of the law to be entertained by the court.
Okwudili drew the attention of
Justice Rahmat that the lawyer who deposed to and filed the affidavit, did not
affix his seal to the court process as required by Section 10 (Sub 1, 2,3) of
the rule of professional conducts for legal practitioners in Nigeria.
With the failure to affix the
seal of authority, the counsel argued that no probate value should be attached
to the affidavit. He, therefore, prayed the court to reject the affidavit and
in the alternative to adjourned the matter for him to show the affidavit to
Dasuki for his reaction in the interest of fair hearing.
However, in his ruling, Justice
Mohammed agreed that the affidavit has no seal of authority, but however said
that it was deposed to by a lawyer in the chamber of Opeseyi and that it
contained only facts drawn from the letter of Dasuki where he declared not to
attend the court again for trial.
He further said that the
defendant did not attack any of the facts in the affidavit, hence, the resolve
of the court to uphold it, and then ordered that Dasuki be tried in absentia in
compliance with 352 of ACJA.
The judge subsequently adjourned
further trial till December 11, 2018.
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