•FG accuses ex-NSA of trying to frustrate his trial
Tobi Soniyi in Abuja
Former National Security Adviser (NSA), Col. Sambo Dasuki (rtd), has restated his desire to have free access to his lawyers to enable him defend himself and clear the allegations against on the criminal charges of unlawful possession of fire arms brought against him by the federal government.
Dasuki told the Federal High Court in Abuja that the federal government no longer has moral and legal rights to continue his trial having disobeyed the order of bail granted him since November 3, 2015.
In his argument by his counsel, Mr. Joseph Daudu (SAN), Dasuki premised his prayer on the fact that the government was in contempt of the court in relation to the charges filed against him.
Daudu while arguing the motion, claimed that since November 3, 2015 when his client was re-arrested by the operatives of the Department of State Services (DSS), after perfecting his bail conditions, had since been held in custody without trial or reasons made known to him.
The counsel insisted that the order that admitted Dasuki to bail remained valid having not been reviewed or set aside by the court and as such, it must be obeyed in the interest of justice.
He claimed that his client cannot be lawfully prosecuted by government because his right to prepare adequately for his defence as enshrined in the bail and the constitution has been violated because he has been kept away from his lawyers.
The counsel also stated that Section 36 of the 1999 Constitution presumes his client innocent until has guilt has been established and that for now, the provision of the law has been turned upside down by his re-arrest without trial since last year.
“We must state here that since his re-arrest at the Kuje Prison after perfecting his bail condition, we have not been allowed access to him. We are at the cross road and only the court can right the wrong in this matter so that the defendant will have time and facilities to defend himself.
“Investors are watching the court and the situation, especially where government is choosing to disobey a lawful court. Absolute power corrupts absolutely, and we must not send a wrong signal to the outside world that we have no regard for the rule of law.”
He therefore urged the court to prohibit the trial of Dasuki until the government has done the needful.
But the federal government accused Dasuki of deliberately making attempt to frustrate his trial for unlawful possession of firearms.
Counsel to the government, Oladipo Okpeseyi (SAN), told the court that Dasuki has not placed any material evidence before the court to show that the federal government violated the order of the court.
He said government has obeyed all orders made by the court in the trial and did not stop Dasuki at the airport so as to prevent him from benefiting from the order of the court.
He said: “The arrest and re-arrest of the applicant is not in respect of any offence or charge before this court.
“The applicant has admitted to this fact by supplying the six numbers of other charges filed before a different court and different judges after this suit has been instituted.
“Whatever has happened in this court has been obeyed by the federal government.”
Government also described Dasuki’s application seeking to quash the charges against him as an attempt to restrain the Attorney General of the Federation from discharging his statutory powers of prosecution.
On the allegation that the federal government is withholding his international passport, Okpeseyi submitted that even before the order of court for the release of his passport, the passport was not in possession of the federal government.
In addition, the prosecution counsel noted that it would be curious on the part of Dasuki to assume that once bail was granted to him, it covered all other offences.
Ademola after listening to arguments from both parties, fixed ruling on the application for April 4.