Justice Ahmed Ramat Mohammed of the Federal High Court in Abuja, on Thursday fixed June 15, 2017 to rule on the application by the Federal Government seeking witness protection in the trial of the former National Security Adviser (NSA), Col Mohammed Sambo Dasuki (rtd), over alleged money laundering and illegal possession of firearms.
When the matter came up yesterday, prosecution counsel, Oladipo Okpeseyi (SAN), while moving the application dated June 3, 2017 for witness protection said all that the prosecution wants is for leave of the court for the prosecution witness to enjoy protection by allowing them to give their evidence behind a screen.
Okpeseyi said harm can befall prosecution witnesses even without the knowledge of the defendant, being a former military officer, former aide de camp (ADC) to a former President, former NSA and a crown prince of Sokoto caliphate.
In the fresh application for protection of witnesses argued yesterday by Okpeseyi the federal government urged the trial Judge to allow the screening of the witnesses in order to guarantee their safety after their evidence in court.
He told the court that the witnesses who are security personnel carry out their works across the country and could be attacked by sympathizers and well-wishers of Dasuki unless their identifiers are protected.
The senior counsel submitted that Dasuki was once the boss of the witnesses and that they (witnesses) could be jeopardized unless their names are not placed at the public domain adding that the ex NSA will not be jeopardized in anyway if the request for the witness protection is granted.
“This application for witness protection will not in any way take away the right of the defendant (Dasuki) to see the witness and cross examining them in their evidence as required by law” Okpeseyi argued and added that a witness who once testified in the matter was involved in a mysterious ghastly accident.
Ahmed Raji (SAN), who represented Dasuki described the bid by the federal government bid as a cheap blackmail against his client and urged the court to dismiss the request for being speculative, baseless and un-meritorious.
Raji said the ex NSA was not charged with terrorism offence to warrant protection for any witness adding that several operatives of the Economic and Financial Crimes Commission (EFCC) have testified against Dasuki in two other courts without any complaint of threat to their lives.
Besides, the senior counsel argued that similar application had been filed by government but was dismissed by the same court for lacking merit adding that the fresh bid was a ploy to cause the court to sit as an Appeal Court on previous decisions.
He insisted that the fresh application was a classical gross abuse of court process adding that no cogent reason has been advanced other than to scandalize the ex NSA for no just cause
“I have perused the application, all the grounds advanced to justify the request for witness protection have no cogent evidence but mere speculations.
“The defendant has been detained in violation of court orders on bail for almost two years now, yet nothing negative has happened from his well-wishers and sympathizers across the country. I urge this court to resist this cheap blackmail by refusing to grant their prayers.
“Besides, the prosecution has in the charge, listed the names, addresses and positions of the 14 witnesses and made same available to the public and now, that same prosecution does not want their names mentioned in this open court after it had on its own volition made same public in the charge against Dasuki”, Raji said.
Justice Mohammed after taking arguments for the two parties fixed June 15 to give ruling in the application.
Dasuki was arraigned on September 1, 2015 over charges that bordered on unlawful possession of firearms and money laundering.
But due to intermittent interlocutory applications from both the prosecution and defense counsels, commencement of trial of the former NSA has been delayed.
Justice Adeniyi Ademola of the Federal High Court had on April 19, 2016, dismissed similar application brought before the court by the Federal Government.
The Federal Government had applied to the court to stop the public except accredited journalists, legal team and few immediate family members of Dasuki from attending the trial.
Delivering ruling on the application on April 19, Justice Ademola observed that the prosecution counsel had earlier included in the charge sheet, names and addresses of 11 witnesses to be called to testify against Dasuki and had made same available to the general public and considered the application as baseless and of no point for the prospective prosecution witnesses in the trial to wear facial masks, hide their identity and addresses so as to protect them from alleged attack from those loyal to Dasuki.
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