Dasuki makes first appearance in court after release from prison

Erstwhile National Security Adviser, NSA, Col. Sambo Dasuki, rtd, on Thursday,

made his first appearance in court for continuation of his trial, exactly 30 days after

he was released from prolonged detention that lasted over four years.

Dasuki who appeared before the Federal High Court in Abuja said he was ready to

defend the seven-count money laundering and illegal possession of firearm charge

the Federal Government preferred against him.

Consequently, the ex-NSA, through a lawyer that represented him, Kayode Ariwoola,

applied and withdrew two applications he filed while he was still in detention.

Dasuki had in the first application he filed on December 11, 2018, protested the

continuation of his trial despite refusal by the Federal Government to obey different

court rulings that ordered his release on bail.

In the second application he filed on January 8, 2019, the ex-NSA urged the court to

invite some senior lawyers, including the current and two former presidents of the

Nigerian Bar Association, to give their legal opinion on the propriety or otherwise of

his continued detention without bail.

However, FG, in an unpredicted move on December 24, 2019, ordered his release

from custody of the Department of State Service, DSS.

Owing to the development, Dasuki’s lawyer, Ariwoola, on Thursday, told the court

that the two pending applications were overtaken by events.

He said: “My lord, we have two applications pending before this court. The two

applications have been overtaken by the event because our client was released on

December 24, 2019.

“In the circumstance, we apply to withdraw the applications”.

FG’s lawyer, Mr Dipo Okpeseyi (SAN), said he was not opposed to the withdrawal

request.

Justice Ahmed Mohammed subsequently struck out the applications, even as he

fixed March 11 and 12 for the continuation of the trial.

The court had on November 19, 2018, granted FG leave to try Dasuki in absentia

after he repeatedly failed to show up for trial.

Trial Justice made the order after FG, in an affidavit, it filed before the court, alleged

that the then detained former NSA blatantly declined to further subject himself for

trial.

It told the court that the ex-NSA said he would no longer make himself available for

any proceeding in respect of the criminal charge against him.

FG, therefore, applied to be allowed to try the Defendant in absentia, in line with

section 352(4) of the Administration of Criminal Justice Act, 2015.

While granting the request, the trial Judge noted that Dasuki personally wrote a letter

to the court on November 12, 2018, and adduced reasons why he would no longer

appear for his trial.

“It is very clear that the Defendant is not willing to be attending to court for his trial. I

hereby invoke Section 352(4) of the Administration of Criminal Justice Act, 2015, to

continue this trial in the absence of the Defendant”, the Judge held.

Meanwhile, over a year after the order was made, no substantial progress was made

in the case.

FG had in the charge before the court, alleged that Dasuki was on July 17, 2015, at

his house situated at No. 13, John Khadiya Street, Asokoro, Abuja, found to be in

possession of various range of firearms without requisite license, an offence

punishable under section 27 (1)(a) of the Firearms Act Cap F28 LFN 2004.

He was accused of retaining the sums of $40,000, N5millon and another $20,000 in

the same house and same date, contrary to section 15 (2)(d) of Money Laundering

Prohibition Act 2011.

FG further alleged that the ex-NSA had on July 16, 2015, at his residence at Sultan

Abubakar Road and Sabon Birni Road, Sokoto State, retained another $150,000 and

N37.6m being part of proceedings of an unlawful act, contrary to Section 15 (3) of the

Money Laundering Act 2011.

It listed the alleged illegal arms it found at Dasuki’s residence in Abuja as five Tavor

Assault Rifles, 1 Macro Uzi with serial No 60244(Rifle), 20 magazines (Ammunition),

1 packet of MOD (Ministry of Defence) APG calibre gun, Luger No 033375 ( gun),

small magazine containing 16 rounds of ammunition, and bigger magazine

containing live rounds of ammunition.

Aside from the instant case, Dasuki is also facing two separate money laundering

charges before a High Court of the Federal Capital Territory sitting at Maitama.

Vanguardnews