The former National Security Adviser (NSA), Colonel Sambo Dasuki (Rtd), has objected an appeal for a secret trial in the criminal charges of unlawful possession of firearms and money laundering preferred against him.
The Department of State Services (DSS) which had earlier in July filed a one-count charge of alleged illegal possession firearms against the former NSA on Monday brought up five additional charges, including alleged money laundry, against him.
At the resumed trial on Monday, the Federal Government amended the charge and expanded it to include money laundering and alleged retention of public funds which formed part of the proceeds of an unlawful act contrary to section 15 (2)(d) of Money Laundering Prohibition Act 2011.
The charges gave no further details.
Dasuki pleaded not guilty to the charges.
He was escorted to the court by three former civilian governors and a retinue of former ministers and top government functionaries, pleaded not guilty to the fresh five count charges.
Using his discretion, the trial judge, Justice Ademola Adeniyi, admitted the accused to bail and allowed his previous bail terms which has been met by the accused to apply.
However, the Federal Government on Monday applied to the high court to conduct the trial of the former NSA in secret and not in an open court.
In a motion on notice argued by the prosecution counsel, Mr. Shuaibu Labaran, the Federal Government explained that the secret trial if granted would guarantee the safety of its witnesses who are billed to testify against the accused.
The application was brought pursuant to section 36(4) of the 1999 constitution and section 232 of the Administration of Criminal Justice Act 2015.
The prosecution also sought order directing that the names and addresses of all its witnesses should not be disclosed in any record or report of proceedings that may be accessible to the public.
That the witnesses be permitted to use pseudo name in the course of proceedings and that prosecution witnesses be given access to a non-public route to and from the court premises and court rooms as well as to allow them use private witnesses’ room.
In the motion brought under sections 36(4) of the Constitution and 232 of the Administration of Criminal Justice Act (ACJA) 2015, the state wants an order directing that the names and addresses of all its witnesses be excluded from records or reports of proceedings that may be accessible to the public.
It also urged the court to keep the names and other identities of the witnesses secret from the public.
Apart from lawyers and accredited journalists, the state asked the court to exclude members of the public from the trial and that the witnesses be permitted to wear face masks while giving evidence.
Defence lawyer, Joseph Daudu, opposed the prosecution’s motion, arguing that all information about the prosecution witnesses were already in public domain.
Labaran, who argued the motion, submitted that the trial will suffer setback as the witnesses were not willing to testify in the open court for fear of reprisal from undisclosed places.
However, counsel to the accused, Mr. Joseph Daudu, SAN, has asked the court to dismiss the application for lacking merit and for being frivolous.
He told justice Ademola that the names of the witnesses were already in the public domain at the instance of the prosecution, adding that the application was a mere academic exercise that should not be granted by the court.
Justice Ademola reserved ruling on the application till Wednesday (tomorrow).
According to the fresh charges, the accused was on July 17, 2015 at his house, No. 13, John Khadiya Street, Asokoro, Abuja found in possession of various range of firearms without requisite licence, an offence punishable under section 27 (1)(a) of the Firearms Act Cap F28 LFN 2004.
He was also accused of retaining $40,000, N5 million and another $20,000 in the same house and same date contrary to section 15 (2) (d) of Money Laundering Prohibition Act 2011.
Besides, the accused was said to have on July 16, 2015 at his residence at Sultan Abubakar Road and Sabon Birni Road, Sokoto retained another $150,000 and N37.6 million being part of proceedings of unlawful act contrary to Section 15 (3) of the Money Laundering Act 2011.
Meanwhile, the accused person through his counsel has filed an application for temporary release of his travelling documents from the court to enable him travel abroad for medical attention.
The medical check-up was said to have been over-due since July but that he could not travel due to seizure of his passport.
The application will be argued on Wednesday.
Dasuki, 60, was a key adviser to former President Goodluck Jonathan and had taken over the role of the Ministry of Defense in procuring weapons. He was called before a Senate committee last year to explain an incident in which South Africa seized $9.3 million in cash flown on a private jet and a $5.7 million bank transfer that South Africa blocked, saying it was intended to illegally purchase arms. Dasuki said the deals were legitimate.
President Muhammadu Buhari has ordered an investigation into military purchases in his campaign to curb corruption and ensure the armed forces are properly equipped to fight Boko Haram’s 6-year-old Islamic uprising that has killed 20,000 people. Soldiers say the extremists are better armed than they.
Nigeria’s Guardian newspaper ran a column Monday calling Dasuki “a victim of political persecution.”
One of Buhari’s spokesmen, Garba Shehu, has accused Dasuki of plotting a coup against Buhari during March elections. Shehu called it Dasuki’s second coup against Buhari, referring to the colonel’s alleged arrest of Buhari during a 1985 palace coup that ended Buhari’s brief tenure as a military dictator.
– with agency reports
