By Vivian Okejeme
Abuja
Justice Ahmed Mohammed of the Federal High Court, Abuja, has set aside a motion filed by the embattled former National Security Adviser, Col. Sambo Dasuki (retd).
The former NSA boss had approached the court seeking an order to suspend and adjourn indefinitely his trial on charges of illegal possession of firearms and money laundering until the determination of his appeal at the apex court.
At the resumed trial yesterday, counsel to Dasuki, Mr. Ahmed Raji (SAN), moving the motion dated October 17, asked Justice Mohammed to adjourn the trial indefinitely pending the hearing and determination of the defendant’s motion for stay of proceedings filed before the Court of Appeal, Abuja.
The SAN submitted the defendant’s motion was not seeking an order of stay of proceedings.
He noted that he was aware that stay of proceeding had been barred by section 306 of the Administration of Criminal Justice Act 2015.
He, however, said that the application was premised under the provision of section 305 of the ACJA, which, he argued, allowed the court to adjourn a trial after a constitutional question arising from the trial had been referred to a higher court for determination.
Reacting to the defence application, the prosecution counsel, Mr. Dipo Okpeseyi (SAN), described the application as “an abuse of court process.”
The government lawyer insisted that Dasuki, being a former military officer, former aide de camp (ADC) to a former President, former NSA and a crown prince of Sokoto caliphate, was a potential threat to government witnesses lined up to justify the charges against him.
In a ruling, Justice Mohammed held that the motion was misconceived and lacked merit.
The court stated that going by the provisions of section 306 of Administration of Criminal Justice Act, 2015, an application aimed to stay proceeding in a criminal trial under whatever guise cannot be granted.
The relief sought by Dasuki if granted would stay proceeding, the court stated.
Consequently, Justice Mohammed adjourned to January 17 and 18, 2018 for trial.
