24th November, 2015
Nigeria’s Federal Government on Monday urged a Federal High Court in Abuja to revoke a bail earlier granted to former National Security Adviser, Col. Sambo Dasuki (rtd), currently being investigated in the purchase of firearms worth two billion dollars.
Dasuki was indicted by a Federal Government’s committee set up to probe the procurement of Arms/Equipment for the Armed Forces and Defence from 2007 to date.
Counsel to Federal Government, Mr Mohammed Diri, filed a motion, in pursuant to section 169 of the Administration of Criminal Justice (ACJ)Act 2015, seeking the court to revoke the bail earlier granted Dasuki by the same court.
Dasuki was facing a charge of being in illegal possession of firearms.
Diri said that the accused was now undergoing investigation on money laundering.
He also submitted that there was intelligence report that the accused planned to take advantage of the earlier order granted to him by the court to travel abroad for medical treatment to escape justice.
“ My lord, there is fear that investigation might be tampered with on account of a foreign visit by the respondent before the completion of the investigation. The public interest is at stake because investigation has to be properly conducted to a logical conclusion and the presence of the respondent will assist investigation,” he said.
Diri also sought to know why the accused was absent in court saying there was no reason for his absence and there was no any order by the court which said the accused should not appear.
“ I submit that hearing of any application without the presence of the defendants will amount to nullity and if the defendant is allowed to stay at home it leads to partiality,” he said.
However, counsel to Dasuki Mr Joseph Daudu, SAN, argued that the prosecution sought to make an issue out of the accused’s absence.
Daudu told the court that the case was slated for the Attorney General of the Federation to appear and explain why they disobeyed court order which gave the accused permission to go abroad for medical treatment.
He argued that the accused could only be in court if there was an interlocutory application, but there was none.
The defence counsel further argued that the prosecution did not cite any authority to compel the appearance of the accused.
“ My lord, presently the accused residence has been barricaded by the DSS and he is not in a spirit to appear in court and we have an interlocutory application. The accused is perfectly in order because he did not float any court order.
Justice Adeniyi Ademola, adjourned the case to Nov. 26 for ruling and continuation of hearing.