From Godwin Tsa, Abuja
The Federal Government has accused former National Security Adviser (NSA), Col. Sambo Dasuki (retd) of deliberately frustrating his prosecution over unlawful possession of firearms.
Dasuki had filed a motion asking the court to discharge him on ground that the Federal Government is in contempt of court orders and has no moral right to prosecute him.
He argued that the government having been in contempt of three court orders admitting him to bail, no longer has the moral right to put him on trial.
He said the conduct of the government in this matter has made him not to enjoy his constitutional rights and this must be resisted by the judiciary in the interest of justice and the Rule of Law”.
His counsel, Chief Joseph Daudu (SAN), said “the worse is that for about seven weeks now; specifically since December 29 last year when Dasuki perfected his bail condition, but was re-arrested, neither his lawyers nor his family know exactly where he is being detained, but only aware that he is in custody.”
When the case came up yesterday, the prosecution counsel, Mr. Oladipo Okpeseyi (SAN), described the motion as an attempt to frustrate the trial or take a discharge without trial.
Beyond that, Okpeseyi told the court that Dasuki has not placed any material evidence before the court to show that the government has violated any court order.
Rather, he said the government has obeyed and did not stop Dasuki at the airport or deny him benefits on the court order.
“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 is being obeyed by the government,” he said.
The Federal 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 government is withholding his international passport, Okpeseyi said even before the order for the release of his passport the government does not have the document.
Earlier, Daudu urged the court to quash his trial or in the alternative, stay proceedings until the Federal Government complies with the court order. He argued that the FG is in contempt of the order of court by the continued detention of Dasuki and therefore has no moral ground to proceed with his trial.
Justice Adeniyi Ademola fixed ruling on the application for April 4, 2016.