Unlawful possession of arms, money laundering: Dasuki wants indefinite adjournment for trial

THE former National Security Adviser (NSA) col Mohammed Sambo Dasuki (rtd) on Tuesday asked the Federal High Court in Abuja to adjourn indefinitely his trial in the charges of unlawful possession of firearms and money laundering brought against him since 2015 by the Federal Government

Dasuki in a motion on notice argued by his counsel, Ahmed Raji (SAN) said the adjournment has become necessary because he has referred some constitutional issues that arose in the course of his trial to the Court of Appeal for determination.

In the motion brought pursuant to section 305(1a) and 492 (3) of the Administration of Criminal Justice Act (ACJA) and section 36 of the 1999 constitution, the former NSA prayed the court to adjourn further trial in the charges against him pending the determination of his appeal pending at the appellate court.

Moving the motion filed on September 14, 2017, the applicant pleaded for adjournment of trial on five grounds of law.

He claimed that his appeal numbered, CA/A/523C/2017 borders on constitutional issues and has to be determined one way or the order by the Court of Appeal before a meaningful trial can proceed at the trial court.

Dasuki informed the court of its ruling on June 15, 2017, in which the court granted protection by way of screening to witnesses that will testify for the prosecution in the charges of unlawful possession of firearms and money Laundering preferred against him.

The applicant claimed that the protection granted the witnesses violated section 36 of the 1999 constitution that entitles him to fair trial.

Specifically, the former NSA wants the appellate court to set aside the protection of the witnesses and to allow all the witnesses to be seen by him and his legal team in the interest of fairness.

He claimed that since his grounds of appeal raised a very serious constitutional issue which necessitated his filing of Notice of Appeal at the Court of Appeal to stay proceedings in his trial, it is incumbent for the High Court to allow the Appeal Court determine the issue.

He urged the court to look at section 305 of the ACJA 2015, which he said enjoined the lower court to tarry a while when a constitutional matter has been referred to the Appeal Court.

“We are not asking for stay of trial, we just want this court to take note that major constitutional issues arose on fair trial and witness protection and since these constitutional issues have been referred to the Appeal Court, it is the normal practice for the lower court to await the decision of the Appeal Court on such issues before proceeding in the main issue.

However, the Federal Government’s counsel, Dipo Okpeseyi in an opposition to the request urged the trial Judge, Justice Ahmed Ramat Mohammed to dismiss the motion for been an abuse of court process, vexatious and a calculated attempt to undermine the provisions of the ACJA for speedy trial in a criminal matter.

The counsel argued that Dasuki’s motion emanated from the referral of a matter to the Appeal Court, adding that by law, referrals can only be made by Court and contended that since the High Court did not refer any matter to the Court of Appeal, there is no reason to grant an adjournment in respect of a referral that was done without the permission of the court.

He argued that Dasuki’s motion was for stay of trial and not for adjournment and that the motion runs counter to the intendment and purposes of the ACJA to the effect that criminal matters be taken day to day by the trial court.

Besides, the counsel argued that no material was placed before the court to grant the motion and to suggest that there would be miscarriage of justice if the trial proceeds, adding that, “This motion is a smoke-screen to delay the trial and to put a clog in the wheel of provisions of the ACJA on speedy dispensation of criminal matters and should be dismissed”.

Meanwhile, Justice Mohammed has fixed November 15, 2017 for ruling on the motion.