In an eloquent indication that the courts may not be out to rubber stamp positions of the Federal Government, the Abuja Division of the Federal High Court on Thursday vehemently rejected the government’s application to summon the former National Security Adviser, NSA, Col. Sambo Dasuki( retd), to appear before it.
Presiding judge, Justice Ademola Adeniyi dismissed an application filed by the Federal Government with a view to securing an order that will compel the presence of Dasuki in court. He ruled that Dasuki is answering to a five-count criminal charge bordering on money laundering and alleged illegal possession of firearms may not necessarily appear in person since the court was still dwelling on an interlocutory injunction.
Justice Adeniyi described the government’s application as “frivolous, unwarranted and lacking in merit.”
While agreeing with counsel to Dasuki, Mr. Joseph Daudu, SAN, that the DPP misinterpreted the section of the ACJA upon which the application was anchored, Adeniyi ruled that going by the law, the presence of an accused person could be dispensed with in court during hearing on interlocutory applications.
According to him, the presence of Dasuki was not mandatory since the court is still entertaining interlocutory applications from both parties.
The former NSA had filed an application before the judge to permit his absence in court for now, saying he has been under house arrest since November 4.
In his fundamental right enforcement application, Dasuki, prayed the court for an order directing the Federal Government and operatives of the DSS to vacate his house located at 13, John Kadija Street, Asokoro with immediate effect.
Sequel to the application, Justice Adeniyi summoned the Attorney General of the Federation, Abubakar Malami, SAN, to appear in court to explain why Dasuki was barred from traveling despite the permission of the court.
He had since pleaded not guilty to the charge, even as the court, in a ruling on November 3, permitted him to travel to the United Kingdom for medical treatment.
Dasuki, who told the court that he has cancer, was granted three-week medical leave by trial Justice Ademola Adeniyi. However, a day after the order was made by the court, operatives of the Department of State Service, DSS, besieged Dasuki’s home and had since prevented him from travelling.
Arguing the application, the Director of the Public Prosecution, DPP, Mr. Mohammed Diri, had maintained that it was wrong for Dasuki to stay away from the court when motions bordering on his criminal trial were being heard.
According to him, the absence of the former NSA on three consecutive times the case against him came up before the high court, .
was in violation of Section 266 of the Administration of Criminal Justice Act 2015 made it mandatory that an accused person must always be present in court whenever his case is called up.
Justice Adeniyi has slated December 3 to hear an application asking the court to revoke the bail it granted to Dasuki.
