Arms deal probe: Sambo Dasuki trying to evade trial – EFCC (photos)

– The trial of Sambo Dasuki, former national security adviser, is still on

– Dasuki is facing trial for mismanagement of funds meant for the procurement of arms and ammunition of the Nigerian armed forces 

The Economic and Financial Crimes Commission (EFCC) on Thursday, March 3, told the court that the former national security adviser, Sambo Dasuki is trying to evade trial.

Speaking at the resumed hearing on an application, a motion on notice filed by the former NSA, the prosecuting counsel Dipo Okpeseyi said the aim of the application is to frustrate the trial.

He said the defendant is also aimed at having all the charges against him discharged by the court.

Okpeseyi said: “The application tries to restrains the power to prosecute, an application to restain constitutional powers, with greatest respect, is an anomally.”

He said that all documents exhibited by the applicant are related to issues that are not before this honourable court.

“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 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 also said that the federal government did not stop the applicant at the airport or impound his travel documents or even prevented Dasuki from travelling.

He said bail for one offense does not cover for every other offence committed by an accused person.

“I dare to say further that, even before the order was granted him to travel abroad his passport has never been in the custody of FG,” Okpeseyi added.

He further submitted that there are no materials before the court that suggests that the government has violated court orders or the right of the defendant to defend himself constitutionally.

“There is nothing on record that the defendant has attempted to defend himself and has been prevented from so doing by th FG,” Okpeseyi said.

Okpeseyi said the application lacks merit and should be discountenanced by the court.

At the resumed hearing, today, counsel to the former national security adviser, Joseph Daudu told the court that the complainant had filed a 24-paragraph counter affidavit challenging the facts that supports the defendant’s motion on notice.

“The first point I wish to make is that this application will throw light on the interplay between certain forces in criminal admininstration,” Daudu said.

He told the court that the prosecution is insisting on their right to continue with prosecution despite having flouted several court’s orders.

He said the court has made orders granting the applicant bail and leave to seek medical attention and all have been disobeyed by the prosecution.

“Our affidavits show that your disobeyed all court orders. There is no magic or anything that can be said to dispute that,” he said.

Daudu added that the most of it is the fact that Dasuki is still in custody and brought to the court by the Department of State Services (DSS).

Daudu said: “The effect of his continued incarceration is that the orders as contained in Exhibit A has been flouted by the prosecution who wants the matter to continue.”

He said the continuation of the trial will not be fair in the eyes of the law.

“Apart from being in the breach of the orders of this court, how will the defendant defend himself,” he said.

He said Section 36(5) of the 1999 Constitution provides that an accused is presumed to be innocent until proved guilty and entitled to be given adequate time and publicity.

He said his client’s continued detention has also denied him access to his lawyer.

He said: “When investors will be confidence of this country when court make orders and not obeyed. I think it should be adressed at this stage. Everybody should be equal before the law.”

The prosecution, EFCC had also objected that Dasuki was re-arrested after his release from the commission by the DSS.

But Daudu argued that the known prosecutor in the matter is the Federal Republic of Nigeria and any agency under the government is one and the same.

“There is only one prosecution, the FRN, other are agencies. The FRN is the disclosed principal but other agencies want to exhibit more power than the principal itself ,” Daudu said.

Daudu said the submission of the defendant is that it is valid to restrain the exercise of the statutory power especially when it is obvious that such statutory power is being abuse or overreach the power and dignity of the court.

He said such power should not supersede the powers of the court.

“The onus is one the  prosecution to prove that there is emperical evidence that the order of this court has been superseded by statutory powers,” Daudu said.

After hearing the all the arguments, the judge over the case, Ademola Adeniyi ruled that ruling on the application will be adjourned to Monday, April 4.

He also said that the court’s orders that the defendant must appear before the court on all sittings, whether trial or hearing on applications still stands.

Last week, Dasuki accused President Muhammadu Buhari of ensuring his continuous detention despite the bail granted to him.

In a related development, the special assistant to Dasuki, Nicholas Ashinze has sued the EFCC over his prolonged detention.

Although Ashinze is currently being held in an army facility, he was under detention at the EFCC for eight weeks.

Ashinze’s suit is contending the army’s four weeks detention and eight weeks at the EFCC.

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