A Federal High Court, Abuja, on Thursday dismissed an application by the Federal Government seeking to compel the former National Security Adviser (NSA), Col. Sambo Dasuki (rtd), to appear in court.
Delivering ruling on the oral application, Justice Adeniyi Ademola held that it is not mandatory for a defendant in criminal trial to appear in court at the hearing of interlocutory applications.
The judge, who read out section 266 of the Administration of Criminal Justice Act 2015, said “the law is so clear that the presence of an accused person can be dispensed with in court during interlocutory applications’’.
The judge dismissed the oral application by the federal government lawyer, Mr Mohammed Diri, “for being frivolous, unwarranted and lacking in merit’’.
Dasuki who is standing trial on allegation of money laundering and possession of firearms had been granted the leave of court to seek medical attention abroad.
Following government refusal to allow Dasuki to travel, his lawyer, Mr Joseph Daudu (SAN), had filed the interlocutory application to compel the federal government to obey the court order.
Daudu in the application is asking the court to declare illegal and an abuse of fundamental rights of Dasuki, the perpetual invasion of his client’s residence.
At the resumed hearing of the trial on Thursday Diri contended that it was wrong in law for Dasuki to have stayed away from court for three consecutive times the matter was heard.
He cited section 266 of the Administration of Criminal Justice Act 2015 which he said mandates the presence of a defendant in court at all times.
Daudu had opposed the application and drew the attention of the court to the federal government action of disobeying a competent and subsisting order of court for no cause.
Meanwhile, the court adjourned to Dec. 3 for the hearing of another application brought by the prosecution to revoke the bail granted to Dasuki.
