…Insists on open trial
BY AMOS DUNIA, ABUJA – Former National Security Adviser (NSA), Col Mohammed Sambo Dasuki (rtd), has requested a Federal High Court, Abuja to adjourn indefinitely his trial on charges of unlawful possession of firearms and money laundering brought against him since 2015 by the Federal Government.
Dasuki, in a motion on notice argued by his counsel, Mr. Ahmed Raji (SAN), said the adjournment has become imperative because he has referred constitutional issues that arose in the course of his trial to the Court of Appeal for determination.
In the motion brought pursuant to section 305(1a) and 492 (3) of the Administration of Criminal Justice Act and section 36 of the 1999 constitution, the ex – NSA prayed for an order of the court to adjourn trial or further trial in the charges against him pending determination of his appeal at the Court of Appeal.
Moving the motion, dated and filed on September 14, 2017, the applicant pleaded for adjournment of trial on five grounds of law.
Essentially, he claimed that his appeal with number CA/A/523C/2017 borders on constitutional issues and has to be determined one way or the order by the Court of Appeal before a meaningful trial can proceed.
Dasuki said the protection granted the witnesses violated section 36 of the 1999 constitution that entitles him to fair trial and therefore wants the appellate court to set aside the protection of the witnesses and to allow all the witnesses to be seen by him and his legal team in the interest of fairness.
He said that since his grounds of appeal raised a very serious constitutional issue which necessitated his filing of Notice of Appeal at the Court of Appeal to stay proceedings in his trial, it is incumbent for the High Court to allow the Appeal Court determine the issue.
The ex-NSA urged the court to look at section 305 of the ACJA 2015, which he stressed enjoined the lower court to tarry a while when a constitutional matter has been referred to the Appeal Court.
“We are not asking for stay of trial, we just want this court to take note that major constitutional issues arose on fair trial and witness protection and since these constitutional issues have been referred to the Appeal Court, it is the normal practice for the lower court to await the outcome of such issues before proceeding in the main issue.
However, Counsel to the Federal Government, Mr. Dipo Okpeseyi SAN in opposing the request, urged Justice Ahmed Ramat Mohammed to dismiss the motion for being an abused of court process, vexatious and a calculated attempt to undermine the provisions of the ACJA for speedy trial in a criminal matter.
The counsel argued that Dasuki’s motion emanated from the referral of a matter to the Appeal Court, adding that by law, referrals can only be made by Court.
He therefore contended that since the High Court did not refer any matter to the Court of Appeal, there is no reason to grant an adjournment in respect of a referral that was done without the permission of the court.
Okpeseyi said; “This motion is a smokescreen to delay the trial and to put a clog in the wheel of provisions of the ACJA on speedy dispensation of criminal matters and should be dismissed.”
In the meantime, Justice Mohammed has fixed November 15, 2017 for ruling on the motion.
