Court turns down Dasuki’s request for indefinite adjournment of his trial

THE Federal High Court sitting in Abuja, on Wednesday dismissed an application brought before it by the former National Security Adviser (NSA), Col Sambo Dasuki (rtd), seeking an indefinite adjournment of his trial pending the determination of an appeal he filed at the Court of Appeal.

Dasuki, who was arraigned on September 1, 2015 is being prosecuted by the Federal Government over an allegation of unlawful possession of firearms as well as money-laundering.

On June 15, 2017, the court granted an application by the prosecution counsel, Dipo Okpeseyi for the 14 witnesses lined up by the Federal Government to testify behind a screen.

Not satisfied with the ruling, Ahmed Raji (SAN), counsel to Dasuki filed a motion on notice dated September 14, 2017, wherein he prayed the court for an indefinite adjournment of trial pending the determination of the appeal at the appellate court.

But in a ruling on Wednesday, Justice Mohammed held that Dasuki ‘s application was grossly misconstrued, adding that, going by the provisions of Section 306 of Administration of Criminal Justice Act (ACJA), 2015, an application aimed to stay proceeding in a criminal trial under whatever guise cannot be granted.

The relief sought by Dasuki if granted would stay the proceeding, the court stated and noted that Section 305 (1a) of ACJA upon which Dasuki predicated his application did not provide any form, a constitutional issue raised during the proceeding at a trial court can be referred to the Court of Appeal.

It was the court’s opinion that on the issue of reference of the question of law, “nothing in Section 295(2) of the 1999 Constitution (as amended) gives parties the power to refer any constitutional question to the appellate court.

“In the instant case, this court has neither formed opinion nor made any reference to question to the Court of Appeal. The procedure adopted by the defendant cannot be described as a reference of the question to the Court of Appeal as contained in Section 305 of ACJA, the court held.

“The court does not have the power to entertain the application, let alone grant it. This case will proceed to trial on the next adjourned date” the court held and consequently adjourned till January 17 and 18, 2018 for trial.