An Abuja High Court on Monday dismissed an application for stay of proceeding filed by Mr Joseph Daudu (SAN), lawyer to former National Security Adviser (NSA), Colonel Sambo Dasuki (rtd).
Dasuki is facing trial over alleged diversion of N13.6 billion meant for the purchase of arm.
Dasuki was arraigned alongside Mr Shuaibu Salisu, a former Director of Finance in the Office of the NSA, Aminu Baba-Kusa, a former Executive Director, NNPC.
Other defendants in the trial were Acacia Holding Limited and Reliance Referral Hospital Limited
Earlier, Dasuki, through Daudu, had filed a motion praying the court to stay further proceeding pending when his client’s liberty is enforced.
He also accused the prosecution of disobeying the order of the court by re-arresting his client after he was granted bail and had met his bail conditions.
The prosecuting lawyer, Mr Rotimi Jacobs (SAN), in a 26 paragraphs affidavit and a 14-page written address urged the court not to grant the application.
Jacobs said that Dasuki was re-arrested by the Department of Security Service (DSS) on another alleged offence different from the case brought against him by the Economic and Financial Crimes Commission (EFCC).
At the resumed hearing on Monday, Justice Husseni Baba-Yusut in a ruling dismissed the application saying that “It does not hold any merit’’.
Baba-Yusuf held that the only issue to be determined was to know whether the applicant (Federal Government) disobeyed the Court’s order.
He went further to hold that a court order was said to be disobeyed if such order was directed to that person in question.
The Judge said that although the court granted bail to Dasuki but it did not order that he should not be re-arrested in another allegation.
Baba-Yusuf then adjourned till March 23 for hearing and for the trial to continue.
