From Godwin Tsa, Abuja
Tempers flared yesterday at the trial of former National Security Adviser (NSA), Col. Sambo Mohammed, between the trial judge, Justice Hussein Baba Yusuf and former president of the Nigerian Bar Association (NBA) Mr. Joseph Dauda (SAN) as they openly exchanged words in an open court.
Dasuki is standing trial over alleged $2.1 billion arms fund diversion.
However, following the ugly incident, proceedings were stalled as senior lawyers persuaded the judge to adjourn the trial to calm frayed nerves.
It was Dasuki’s fresh motion seeking consolidation of the criminal charges brought against him in two Abuja High Courts, that caused the uproar in court.
In the motion filed by his lead counsel, Daudu, Dasuki claimed that the charges in the two courts constituted abuse of courts because they had same facts and figure and that he would be prejudiced if the two courts try him simultaneously.
This did not go down well with Justice Baba Yusuf, who became angry and challenged him on what his client would suffer should the two courts go ahead with the trial. The judge lambasted Daudu for employing delay tactics to shield Dasuki from trial and insisted that the tactics will not work in his own court.
Attempts by Daudu for the motion to be determined, one way or the other before the trial would begin, further provoked the judge who vowed not to indulge Daudu or any move to delay the trial. If you think the mission of this new motion is to delay the trial, I can assure you that it has already failed. I know your antecedents in these type of cases; filing frivolous, baseless and unwarranted motions to frustrate the court and trial of your client.”
“I know the next motion you will file will be to ask me to withdraw or disqualify myself from this case, I will not succumb to your old fashion of doing things. It will not work in my court. I have over-indulged you and I am ready to go ahead with this trial today. I cannot be coming here to waste my time, I have granted you enough respect, this application is a disrespect to me. I have known you for certain things, if you have a court where people will dance to your tune, go to that court. I am not ready to dance to your tune. You are here with a dishonest motive as far as this motion is concerned. The whole target is to frustrate the trial, but you will fail.”
Tension rose when the Federal Government counsel, Mr. Rotimi Jacobs (SAN) announced to the court the he “respects Daudu a lot as a senior colleague, a role model and former NBA President” and ended up describing Daudu’s action with the motion as very unfortunate.
Attempt by Daudu to complain of insult from Jacobs to the Judge was rebuffed when Justice Baba Yusuf said, “for your information, a junior counsel can advise a senior one and that is my position.”
The case was adjourned to June 15 for hearing of the motion.
“I have been accommodating all sort of nonsense, yet you are not ready to respect me. You are disgracing me as one who does not know what he is doing here”.
“You are subjecting me and this court to public disgrace. When you come to court, people are watching and we must behave, that is my advice for you”.
At this point, a former Attorney General of the Federation and Minister of Justice, Chief Akin Olujimi (SAN), cut-in and prayed the Judge to grant adjournment “for us to sort out ourselves”.
“I have never seen your Lordship in this kind of situation. Please indulge adjournment to enable us sort out things”.
Justice Baba Yusuf grudgingly adjourned the matter till June 15 for hearing of the motion.
Dasuki had asked the Court to consolidate the two criminal charges bordering on alleged corruption and breach of trust brought against him by the Federal Government in the course of his official duties.
The ex-NSA, who had been granted bails in three different high courts where criminal charges were slammed on him, had been rearrested and kept in custody since 2015.
He told the court that he was not scared of trial on the alleged fund misappropriation, but insisted that the right thing in law must be done.