The Federal Capital Territory High Court in Maitama, Abuja has again adjourned the trial of the immediate past National Security Adviser, NSA, Col. Sambo Dasuki (retd), this time until the 4th of next month for the hearing of the ex-NSA’s application for stay of proceedings.
Dasuki had reportedly filed an application for stay of proceedings on the grounds that the prosecution was in contempt of court by disobeying an order granting the ex-NSA bail.
Dasuki’s lawyer, Mr. Joseph Daudu, SAN, reiterated the essence of the application which he said bordered on the integrity of the court and the ability of the former NSA to prepare adequately for his defence in the trial.
But the lead prosecuting counsel for the Economic and Financial Crimes, Mr. Rotimi Jacobs, SAN, prayed the court to direct that the trial should begin.
He opposed the hearing of Dasuki’s application, citing provisions of section 306 of the Administration of Criminal Justice Act 2015, the law guiding criminal proceedings, which prohibits the court from entertaining such applications.
He also cited section 396 (1) to (3) of the ACJ Act which stipulates that any application challenging the competence of criminal charges could only be considered along with the substantive issues in the case and ruling on it delivered along with the judgment on the entire case.
The presiding judge, Justice Baba Yusuf, in a short ruling on Friday, however ordered that all parties to the suit be served with the processes relating to the application, saying he was inclined to hearing the application. He, thereafter, adjourned hearing till February 4.
Dasuki is being prosecuted before the court on a 19-count charge of diversion of N32bn arms fund, along with a former Director of Finance and Administration in the Office of the NSA, Shuaibu Salisu and a former Director of the Nigerian National Petroleum Corporation, NNPC, Aminu Baba-Kausa. Kausa’s two firms – Acacia Holdings Ltd and Reliance Referral Hospital Limited – are also part of the accused.
His trial was adjourned yesterday after his lead counsels wrote to the court asking for an adjournment to allow them go for a case they have at the Kogi election petitions tribunal.
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