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Friday, January 22, 2016

A Federal High Court in Abuja has adjourned the case concerning the former National Security Adviser (NSA), Col Sambo Dasuki (rtd) till February 4.

Judge over the case Hussein Yusuf said the
adjournment will allow the court time to go
through all submissions made by the
counsels.
“I’m not unmindful that the first defendant
filed an application urging your lordship to
prohibit the prosecution to proceed with this
charge or stay the proceedings,” Jacobs said.
He said he submits that the application
cannot be taken or if taken should be
adjourned till the end of this proceeding.
“My Lord, the era of stopping criminal trial is
over by the effect of the criminal Justices Act
in May 2015.”
Jacobs said once an arraignment has been
made, trial continues day to day.
“My lord that is the provision of Section 396
and with due respect the provision the trial
should continue,” he said.
He also added that section 306 enjoins the
court not to stay the application.
In his defense, Joseph Daudu told the court
that the prosecution took his client back into
custody shortly after he was released.
“As far as we are concerned it is our duty to
ensure that the orders of this court are
obeyed,” Daudu said.
He also noted that his team is not aware of
where the brought his client, Dasuki from.
The only thing I can see now is that he is
looking thinner and thinner and we have not
even discussed with him,” he said.
He also reminded the court that it was on
the judge’s order that the federal
government produced Dasuki on Thursday,
January 21.
“First of all, a lot of damage has been done
by the fact that he was re-arrested,” he said.
He said: “Nobody forced them to bring him
to court when they had not finished their
investigation.”
He also informed the court that the
defendants have been charged with a 26-
paragraph counter affidavit this morning and
will need time to reply.
Also speaking, counsel to the second
defendant, Akin Olujimi said his team has
been served additional proof of evidence.
He asked that the prosecution be advised to
place all his cards on the table if he is sure
he is ready to go on with trial.
“My lord we have to cross all these hurdles
created by the prosecution before we can
head to trial,” Olujimi said.
Speaking also, counsel to the fourth
defendant, Solomon Umoh said he is aware
of an application before the court.
He however, noted that his team is yet to be
served the application.
“My lord I can say the issue is not yet ripe, I
am yet to get the said application and when
that comes I will have yo study it,” Umoh
said.
But Jacobs in his argument told the court
that it was only this week that one of the
counsel informed him that he needed the
statements of accused persons and some
other documents.
He said it will be unfair to state that he
created a hurdle for the defense counsels.
Having listened to all the submissions, the
judge adjourned the case to Thursday,
February 4.
Dasuki alongside his former finance director,
Shuaibu Salisu, Baba Kusa and two
companies are facing a 19-count charge
bordering on money laundering and criminal
abuse of public trust before Justice Yusuf.
He also facing various charges in two
different courts in Abuja.
He is accused of diverting funds meant for
the procurement of arms during his tenure
as the national security adviser.
The money, $2.1 billion, the EFCC alleged
were shared between the former NSA’S
cronies for the funding of the last
presidential election campaign.
Meanwhile, Dasuki has filed a suit against the
federal government before the ECOWAS court
in Abuja over his continued detention.
In the suit filed by his lawyer, Robert
Emukpoeruo, Dasuki wants the court to
declare among other things that his
continued detention after having been
granted bail by three different courts and
met the conditions for his release, was
“unlawful, arbitrary and an egregious
violation” of his human rights.

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