A Federal High Court sitting in Abuja on Thursday fixed April 4 for ruling over Col. Sambo Dasuki’s application, seeking to quash charges against him.
Dasuki, a former National Security Adviser (NSA), was arraigned by the Department of State Services (DSS) on charges bordering on alleged possession of firearms and money laundering.
He, however, had pleaded not guilty to the charges.
At resume hearing, counsel to Dasuki, Mr Joseph Daudu (SAN), informed the court that the defendant filed a motion seeking to quash charges preferred against him for prosecution`s failure to obey court orders.
Daudu said that the application prayed for an order to prevent the prosecution from further prosecuting the former NSA.
He said there was no point to continue with trial since the prosecution had floated the court orders, which granted the defendant permission to travel abroad for medical treatment.
However, the court orders were granted on September 1 and October 3, 2015.
Daudu said that the defendant still in DSS’ custody despite the court order for his release.
He said, as counsel representing Dasuki, “we could not have access to him for us to prepare for his defence and my lord, his continued incarceration, means that the prosecution breached the order of the court.”
Daudu argued that section 36 sub section 5 of the constitution provides that an accused person is innocent until proven guilty.
“ My lord, I wonder how the judgment of this matter would look like if the order of the court is not obeyed and section 66 (A) of the constitution override the Administration of Criminal Justice (ACJA).
He, therefore, urged the court to grant his application.
In his submission, the prosecution counsel Mr Oladipo Okpeseyi SAN, urged the court to dismiss the application for being an attempt to frustrate the trial.
Okpeseyi said order 26 of the rules of the court mandates counsel to reply brief on points of law.
He said, since the defendant did not raise any point of law in his submission, the prosecution urged the court to discountenance his submission.
Okpeseyi contended that the application was meant to restrict the powers of the prosecution to prosecute the case which the law frowned at.
“ There is confusion between powers of the court, the rights and privileges of the defendant to be heard and that right cannot stop the powers of the Attorney General of the Federation to prosecute.
“ The defendant admitted in their notion that the arrest and re-arrest of Dasuki has nothing to do with current charge before the court.
“ The Federal Government did not stop Dasuki from travelling for his medical treatment abroad, his passport has not been seized,” he said.
Okpeseyi argued that, it was not obtainable to say that when Dasuki was granted bail in one charge and if that can cover all the charges in another courts.
He, therefore, urged the court to refuse the application for lack of merit.
Justice Adeniyi Ademola adjourned till April 4 for ruling.
