GTB 737 banner Yudala banner

Dasuki asks court to put off trial indefinitely •Insists on open trial

By News Express on 18/10/2017

Share on facebook Yahoo mail icon Gmail icon

Views: 250

•Ex-NSA Sambo Dasuki
•Ex-NSA Sambo Dasuki

The Former National Security Adviser (NSA), Col. Mohammed Sambo Dasuki (rtd), has pleaded with the Federal High Court in Abuja to adjourn indefinitely his trial in the charges of unlawful possession of firearms and money laundering brought against him since 2015 by the Federal government

Dasuki in a motion on notice argued by his counsel, Mr. Ahmed Raji SAN, in Abuja said that the adjournment has become imperative because he has referred constitutional issues that arose in the course of his trial to the Court of Appeal for determination.

In the motion brought pursuant to section 305(1a) and 492 (3) of the Administration of Criminal Justice Act and section 36 of the 1999 constitution, the Ex-NSA prayed for an order of the court to adjourn trial or further trial in the charges against him pending determination of his appeal at the Court of Appeal.

Moving the motion dated and filed on September 14, 2017, the applicant pleaded for adjournment of trial on five grounds of law.

Essentially, he claimed that his appeal with number CA/A/523C/2017 borders on constitutional issues and has to be determined one way or the order by the Court of Appeal before a meaningful trial can proceed.

Dasuki recalled before the court the ruling of June 15, 2017, in which the court granted protection by way of screening to witnesses that will testify for the federal government and against him in the charges of unlawful possession of firearms and money laundering.

The applicant claimed that the protection granted the witnesses violated section 36 of the 1999 constitution that entitles him to fair trial.

Specifically, the former NSA wants the appellate court to set aside the protection of the witnesses and to allow all the witnesses to be seen by him and his legal team in the interest of fairness.

He claimed that since his grounds of appeal raised a very serious constitutional issue which necessitated his filing of Notice of Appeal at the Court of Appeal to stay proceedings in his trial, it is incumbent for the High Court to allow the Appeal Court determine the issue.

He urged the court to look at section 305 of the ACJA 2015, which he said enjoined the lower court to tarry a while when a constitutional matter has been referred to the Appeal Court.

“We are not asking for stay of trial, we just want this court to take note that major constitutional issues arose on fair trial and witness protection and since these constitutional issues have been referred to the Appeal  Court it is the normal practice for the lower court to await outcome of such issues before proceeding in the main issue.”

However, the Federal government counsel, Mr. Dipo Okpeseyi SAN in a vehement opposition to the request urged Justice Ahmed Ramat Mohammed to dismiss the motion for been an abused of court process, vexatious and a calculated attempt to undermine the provisions of the ACJA for speedy trial in a criminal matter.

The counsel argued that Dasuki’s motion emanated from the referral of a matter to the Appeal Court, adding that by law, referrals can only be made by court.

He contended that since the High Court did not refer any matter to the Court of Appeal, there is no reason to grant an adjournment in respect of a referral that was done without the permission of the court.

He argued that Dasuki’s motion was for stay of trial and not for adjournment and that the motion runs counter to the intendment and purposes of the ACJA to the effect that Criminal matters be taken day to day by trial court.

Besides, the counsel argued that no material was placed before the court to grant the motion and to suggest that there would be miscarriage of justice if the trial proceeds.

“This motion is a smokescreen to delay the trial and to put a clog in the wheel of provisions of the ACJA on speedy dispensation of criminal matters and should be dismissed,” Okpeseyi said.

Justice Mohammed has fixed November 15 for ruling on the motion. (PRNigeria)

 

Source News Express

Posted 18/10/2017 05:07:59 AM

 

Share on facebook Yahoo mail icon Gmail icon


 

CLASSIFIED ADS

Loss Off Your Belly Fats, Upper Arm Fat and Body Fats In 2weeks Time.. Click HERE To Start Now!

Let us build the most comprehensive online database of worthy and credible Nigerians from all walks of life. It is worth doing!

 

You may also like...
Obiano’s grand pettiness is getting out of hand,...

Buhari, Saraki, Dogara mourn Senator Adeleke

Osinbajo sacks, reconstitutes CCB Board

N-Power: Lagos applicants to benefit by the end...

WorldStage Summit 2017 to explore innovation for economic...

Obiano embarks on N10bn longest bridge, massive road...

Biafra: MASSOB disagrees with council of elders over...

Abducted Ondo monarch regains freedom

Juju story: Adebayor, mother, siblings wash dirty linen...

M.K.O Abiola has resurrected in Rivers, says State...

GTBank, Fidelity, UBA, FBN Capital nominated for 2015...

I will pursue peace with Niger Delta militants...

 

Latest News 7 labour leaders perish in auto crash Fidelity Bank seals partnership deal to empower young entrepreneurs Court orders FG to reinstate NEMA spokesperson 4 years after compulsory retirement Police on red alert over attacks on places of worship Teachers demand transfer of primary school salary to states Yudala commits to best prices nationwide for Black Friday Nigeria very close to achieving self-sufficiency in rice — Minister PDP National Convention: Okowa makes case for ‘free, fair, transparent process’ Mikel, Moses, Martins, Ikeme, Ezenwa, Oshoala, Quadri nominated for Nigerian Awards for Sporting Excellence HURIWA condemns Mubi Boko Haram attack, release of detained terrorists Obiano receives certificate of return, hails Buhari, security agencies for a good job NiMet forecasts cloudy to sunny conditions for today

 

Most Read Nigerian female sex addict opens up, says ‘I like it with both men and women’ (295,516 views) NUDE PHOTO OF OMOTOLA JALADE-EKEINDE surfaces online (279,028 views) Shameless Genevieve Nnaji exposes breasts in public (225,737 views) Finally named: The full list of friends of Nigerian female sex addict who prowled Facebook (189,932 views) Igbo scholar disgraces Femi Fani-Kayode •Demolishes claims on Igbo/Yoruba history with facts and figures (181,509 views) OLUMBA OLUMBA OBU (the one who called himself God) IS DEAD (166,538 views) Breaking News: POPULAR REVEREND CONVERTS TO ISLAM in Kaduna (Nigeria) (144,395 views) THE FINAL DISGRACE: Igbo scholar unleashes more facts about Igbo/Yoruba history, finishes off Femi Fani-Kayode with second article (130,771 views) OBJ’s son reported dead in Lagos plane crash •Names of more victims emerge (127,530 views) Lagos plane crash: Journalist releases victims’ names (116,665 views) Gunmen kill ASP, 2 other police officers in vain bid to kidnap Rivers PDP chieftain (113,944 views) My wasted years in Olumba Olumba Obu’s Evil Brotherhood (108,295 views)

 

Categories Advertorials (3) African Press Organisation (81) Art & Literature (31) Business (2,780) Business Verdict (26) Columnists (769) Complaints & Requests (93) Enterprise & Opportunities (187) Entertainment (407) Features (510) Global Business Monitor (192) International (1,652) Interviews (138) Live Commentary (28) Love Matters (84) News (30,450) Opinion (838) Pidgin (9) Politics (4,122) Religion (649) Sports (1,357) Stock Watch (24) AMA & Al Jazeera Global Update

 

UBA mobile app

CBN Words on marble

 

 

Argentina vs Nigeria

 

APO Group Partner

 

CLASSIFIED ADS

Let us build the most comprehensive online database of worthy and credible Nigerians from all walks of life. It is worth doing!

Loss Off Your Belly Fats, Upper Arm Fat and Body Fats In 2weeks Time.. Click HERE To Start Now!

GOCOP Accredited Member

GOCOP Accredited member

 

 

Africa Media Agency and Al Jazeera

Advertisement



 

 

CLASSIFIED ADS

Loss Off Your Belly Fats, Upper Arm Fat and Body Fats In 2weeks Time.. Click HERE To Start Now!

Let us build the most comprehensive online database of worthy and credible Nigerians from all walks of life. It is worth doing!