The embattled former National Security Adviser, Col. Sambo Dasuki has decided to fight back as he has gone to court to force the Federal Government to stop his trial based on new reasons.
ex-National Security Adviser, Col. Sambo Dasuki (retd.)
The immediate past National Security Adviser, Col. Sambo Dasuki (retd.), has filed a fresh application to stop his trial for charges of alleged diversion of about $2.1bn, part of funds meant for procurement of arms, before Justice Baba Yusuf of a Federal Capital Territory High Court in Maitama, Abuja, Punch reports.
It could not be ascertained whether the judge would be willing to take the fresh application filed by Dasuki on Friday (today).
The provisions of the Administration of Criminal Justice Act 2015 which is the law guiding criminal proceedings prohibits the hearing of any interlocutory application aimed at halting a criminal trial.
The new law in its sections 306 and 396 stipulate that such interlocutory applications having to do with the merit of the charges filed should only be considered at the stage when the substantive issue in the case is being addressed.
Section 306 of the ACJ Act reads, “An application for stay of proceedings in respect of a criminal matter before the court shall not be entertained.”
Section 396 (1) and (2) of the law reads, “The defendant to be tried on an information or charge shall be arraigned in accordance with the provisions of this Act relating to the taking of pleas and the procedure on it.
“After the plea has been taken the defendant may raise any objection to the validity of the charge or the information at any time before judgment provided that such objection shall only be considered along with the substantive issues and a ruling thereon made at the time of delivery of judgment.”
The fresh application filed by Dasuki, through his lawyers, was predicated on grounds different from what used to be the basis for such motions usually filed by high profile suspects to terminate a criminal trial before the coming into force of the ACJ Act.
However, it has been insinuated by some lawyers that the application by Dasuki to stop his trial was predicated on an allegation that the prosecution, was in contempt of court through the alleged disobedience of the court’s order granting bail to the former NSA.
“They are saying in the application that the judge cannot hear the charges because the prosecution has continued to disobey the court orders granting bail to the defendant,” a lawyer that was not willing to be named said.
The judge, however, on Thursday, fixed Friday (today) for the commencement of trial of Dasuki and his other co-accused.