$2.1bn arms deal: FG insists Dasuki is trying to evade trial

Economic and Financial Crimes Commission (EFCC) has again affirmed before Justice Ademola Adeniyi of an Abuja Federal High Court that the former National Security Adviser (NSA), Sambo Dasuki, is trying to evade trial.

The prosecuting counsel, Dipo Okpeseyi, at the resumption of hearing, told the court that motion on notice filed by the former NSA seeking his freedom and stay of proceedings, having been in incarceration with the Department of State Service (DSS), was aimed at frustrating trial.

“The application tries to restrain the power to prosecute, an application to restrain constitutional powers, with greatest respect, is an anomaly. There is a confusion; as the powers of the court and as to the rights and privileges of the defendant. That right cannot extend to the powers of the Attorney General of the Federation to prosecute.

“They have admitted that the arrest or re-arrest of the applicant is not in respect or any offence or charge before this honourable court. They have gone further to buttress in paragraphs 11 and 12 this point to supply suit numbers of other charges filed before a different court, different judges after this suit has been instituted,” he said.

He said the Federal Government did not stop the applicant at the airport or impound his travel documents or even prevented Dasuki from travelling, insisting that “bail for one offense does not cover for every other offence committed by an accused person.”

However, counsel to Dasuki, Joseph Daudu, informed the court about a 24-paragraph counter affidavit challenging the facts that supported the defendant’s motion on notice.

The prosecution is insisting on their right to continue with prosecution despite having flouted several courts’ orders, which granted the applicant bail and leave to seek medical attention, and the prosecution has disobeyed all, he argued.

“The effect of his continued incarceration is that the orders as contained in Exhibit A have been flouted by the prosecution who wants the matter to continue, apart from being in the breach of the orders of this court, how will the defendant defend himself,” he submitted.

He averred that Section 36(5) of the 1999 Constitution provided that an accused was presumed to be innocent until proved guilty and entitled to be given adequate time, and that his client’s continued detention had also denied him access to his lawyer.

“When will investors have confidence in this country when court make orders and not obeyed. I think it should be addressed at this stage. Everybody should be equal before the law,” Daudu said.

After hearing all the arguments, the trial judge, Justice Adeniyi adjourned ruling on the application to Monday, April 4, insisting that the defendant must appear before the court on all sittings, whether trial or hearing.