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Dasuki's Trial; We Could Not Proceed With The Trial

  • Jumai
  • May 3, 2016
  • 3 min read

The Economic and Financial Crimes Commission (EFCC) on Tuesday, May 3, said its effort to contact the Department of State Services (DSS) to produce the former national security adviser, Sambo Dasuki for trial was futile.

Dasuki trial before Justice Hussien Baba-Yusuf was expected to commence today.

But on assumption of the sitting, the prosecuting (EFCC) counsel, Oluwaleke Atolagbe told the court that he had made several efforts through the EFCC to facilitate the appearance of Dasuki in court today.

Atolagbe, he regrets to inform the court that as at the sitting time, the former NSA might not be brought to court.

He also said that the EFCC was prepared to start its trial proceedings especially with the presence of prosecution witness.

Atolagbe also made an excuse for the lead prosecution counsel, Rotimi Jacobs whom he said was attending to another matter at the Court of Appeal.

He prayed the court to stand down on the matter, an appeal to wait for the arrival of the lead counsel to give a better explanation on the absence of the accused person.

Dasuki was rearrested by the DSS in December, 2015 after he was released from the EFCC custody following a bail granted to him by the court.

But today, after listening to the prosecution’s submission, counsel to the second defendant, Akin Olujimi in his objection to EFCC’s submission said, there was no need for a stand down.

Olujimi said Jacobs’s appearance in court is “inconsequential” since the first accused person is absent.

He added that trial cannot continue today as the prosecution have failed to produce the witness in their custody and must learn to take up responsibility for their inability to do so.

He urged the court to issue a stern warning to the federal government on producing the defendant on the next adjourned date and subsequently every other trial day as demanded by law.

Also speaking counsel to the fourth defendant, Solomon Umoh said it was expected that the EFCC apply for a bench warrant against Dasuki for failure to appear in court.

He however, said that the prosecution cannot do so because it is responsible for the “unwarranted detention”.

Umoh said: “Let the truth be told here, it is the federal government that is frustrating this trial because it wants to eat its cake and have it at the same time. By this I mean the government wanted the first defendant tried for criminal matter and yet it was not ready to allow the defendant have access to his lawyers or even to court to face that trial.”

“I would have asked that the defendants in this case be discharged and allow to go home pending the time the prosecution would get serious for their trial. But I will reluctantly concede to one more adjournment be granted to the prosecution.

“Let me say that this adjournment should go with stern warning to the prosecution should not come before this court with another story because the defendants must not be held to ransom by the unwilling prosecution,” Umoh said.

After listening to the submissions and objections, Baba-Yusuf said the EFCC was responsible for ensuring that the defendant appears in court.

Condemning the action by the EFCC, the judge said the prosecution abdicated its responsibility today as against the provisions of the law.

He further adjourned the matter to Monday, May 23, while stating that the conduct of the prosecution has been good in the past.

 
 
 
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