Court Orders Dasuki’s Trial in Absentia
Justice Ahmed Mohammed of the Abuja Division of the Federal High Court yesterday held that it would go ahead with the trial of former National Security Adviser (NSA), Col. Sambo Dasuki (rtd), whether he was present in court or not.
Dasuki, who is standing trial over allegations of illegal possession of firearms and money laundering, had last week vowed not to submit himself for trial any longer, following the refusal of the prosecutor to obey court orders regarding his bail.
In a letter presented to the court last Tuesday through his counsel, he specifically requested that he be allowed to stop submitting himself for trial until the federal government obeys court orders regarding his bail.
He cited five court orders, including one by the Court of Justice of the Economic Community of West African States (ECOWAS) that had ordered his release but continued to be violated by the federal government. The letter personally signed by Dasuki, was titled: ‘Unabated persecution of Col. Mohammed Sambo (rtd) by the Federal Government of Nigeria’.
However, delivering ruling on the matter yesterday, the trial judge, Justice Mohammed, held that there were constitutional provisions that allow a criminal case to go on even if the defendant refuses to make himself available for trial.
Following the court’s refusal last week Tuesday of the oral application of the prosecution that the trial of Dasuki should go ahead in his absence, the prosecution yesterday approached the court with an affidavit accusing the defendant of willfully refusing to attend trial and hence the trial should continue without him.
Prosecution counsel, Dipo Opeseyi SAN, at the resumed trial yesterday informed the court of an affidavit dated November 19, 2018, seeking the prosecution of Dasuki in absentia.
Added to the affidavit is a letter of November 12 written to the court by Dasuki that he would no longer attend trial in court in protest of the federal government disobedience to several court judgment which ordered his release from unlawful detention since December 2015.