Alleged N32bn fraud: Dasuki declines to appear in court
ABUJA - Alleged refusal by the erstwhile National
Security Adviser, NSA, Col. Sambo Dasuki, retd,
to appear in court on Wednesday, stalled
hearing on the 19-count money laundering
charge the Economic and Financial Crimes
Commission, EFCC, preferred against him
and four others.
The anti-graft agency had in the charge it filed
before an Abuja High Court sitting at Maitama,
alleged that Dasuki connived with the erstwhile
Director of Finance in the Office of the NSA, Mr.
Shuaibu Salisu and a former Executive Director
of the Nigerian National Petroleum Corporation,
NNPC, Aminu Baba-Kusa, and diverted public
funds to the tune of N32billion.
Two companies- Acacia Holding Limited and
Reliance Referal Hospital Limited, which
allegedly served as conduit pipes through which
the fund was allegedly siphoned from accounts
the office of the NSA operated with both the
Central Bank of Nigeria and other financial
institutions, were also joined as defendants to
the charge.
The prosecution
insisted that the
N32bn was
distributed to
delegates that
attended the
Presidential Primary
Election the Peoples
Democratic Party,
PDP, held in Abuja, a
process that saw the
emergence of ex-
President Goodluck
Jonathan as the sole
candidate of the
party.
Trial Justice Hussein
Baba Yusuf had on
February 8, okayed
full-blown hearing to
commence on the
matter, even as he
gave EFCC the nod to
produce its witnesses.
Meanwhile, at the resumed sitting on
Wednesday, EFCC lawyer, Mr. Rotimi Jacobs,
SAN, told the court that the former NSA who has
been in detention since November 3, 2015,
refused to be brought to court.
"My lord, yesterday (Tuesday) the 1st defendant
was notified that this matter will come up today
(Wednesday) for hearing and that he should
prepare.
"However, this morning, the 1st defendant
refused to come to court on the ground that his
lead counsels Mr. J. B. Daudu, SAN, and Ahmed
Raji, SAN, will not be in court.
"We persuaded him to at least come to court
first but he refused and insisted that he cannot
be abducted. He said that nobody can ad but
and bring him to court", Rotimi added.
He argued that section 267(2) of the
Administration of Criminal Justice Act, ACJA,
2015, allows the court to commence hearing on
a case against a defendant who is in custody, so
far such person is permitted to have unfettered
access to his lawyers.
"I asked the DSS whether any of his counsels
ever made any attempt to see him and they said
none of his lawyers ever did. My lord I submit
that it is not the law that once a defendant is in
custody his trial cannot go on. That is the
misconception that the defendant has been
given out.
"This recent action is a deliberate game-plan by
the defendant and his counsel to ensure that
this trial does not go on today. My witnesses are
here and ready to testify. The blatant refusal by
the defendant to appear in court amounts to
misconduct", Jacobs insisted.
Nevertheless, the lawyer who announced
appearance for Dasuki, Mr. Wale Balogun, told
the court that he was not aware of any of the
allegations the prosecution raised against his
client.
He contended that the onus was on the
prosecution to produce the defendant who has
been in its custody, in court for trial.
"We are not in custody of the 1st defendant,
they are the ones that have him in custody. We
are not ordinarily allowed to see him, so there is
no way we can confirm all the allegations.
"It is elementary requirement of law that the
defendant must be present during his trial, the
prosecution has not made any application for
his presence to be excused. The allegation the
prosecution raised are very serious. He said
someone told him, that DSS officer ought to
have deposed an affidavit.
"The learned silk cannot give evidence from the
bar. His allegations should have been supported
by an affidavit duly deposed before this court",
Balogun argued.
Similarly, counsel to the other defendants
agreed with Dasuki's lawyer that EFCC ought to
have backed the allegations with an affidavit
evidence.
Security Adviser, NSA, Col. Sambo Dasuki, retd,
to appear in court on Wednesday, stalled
hearing on the 19-count money laundering
charge the Economic and Financial Crimes
Commission, EFCC, preferred against him
and four others.
The anti-graft agency had in the charge it filed
before an Abuja High Court sitting at Maitama,
alleged that Dasuki connived with the erstwhile
Director of Finance in the Office of the NSA, Mr.
Shuaibu Salisu and a former Executive Director
of the Nigerian National Petroleum Corporation,
NNPC, Aminu Baba-Kusa, and diverted public
funds to the tune of N32billion.
Two companies- Acacia Holding Limited and
Reliance Referal Hospital Limited, which
allegedly served as conduit pipes through which
the fund was allegedly siphoned from accounts
the office of the NSA operated with both the
Central Bank of Nigeria and other financial
institutions, were also joined as defendants to
the charge.
The prosecution
insisted that the
N32bn was
distributed to
delegates that
attended the
Presidential Primary
Election the Peoples
Democratic Party,
PDP, held in Abuja, a
process that saw the
emergence of ex-
President Goodluck
Jonathan as the sole
candidate of the
party.
Trial Justice Hussein
Baba Yusuf had on
February 8, okayed
full-blown hearing to
commence on the
matter, even as he
gave EFCC the nod to
produce its witnesses.
Meanwhile, at the resumed sitting on
Wednesday, EFCC lawyer, Mr. Rotimi Jacobs,
SAN, told the court that the former NSA who has
been in detention since November 3, 2015,
refused to be brought to court.
"My lord, yesterday (Tuesday) the 1st defendant
was notified that this matter will come up today
(Wednesday) for hearing and that he should
prepare.
"However, this morning, the 1st defendant
refused to come to court on the ground that his
lead counsels Mr. J. B. Daudu, SAN, and Ahmed
Raji, SAN, will not be in court.
"We persuaded him to at least come to court
first but he refused and insisted that he cannot
be abducted. He said that nobody can ad but
and bring him to court", Rotimi added.
He argued that section 267(2) of the
Administration of Criminal Justice Act, ACJA,
2015, allows the court to commence hearing on
a case against a defendant who is in custody, so
far such person is permitted to have unfettered
access to his lawyers.
"I asked the DSS whether any of his counsels
ever made any attempt to see him and they said
none of his lawyers ever did. My lord I submit
that it is not the law that once a defendant is in
custody his trial cannot go on. That is the
misconception that the defendant has been
given out.
"This recent action is a deliberate game-plan by
the defendant and his counsel to ensure that
this trial does not go on today. My witnesses are
here and ready to testify. The blatant refusal by
the defendant to appear in court amounts to
misconduct", Jacobs insisted.
Nevertheless, the lawyer who announced
appearance for Dasuki, Mr. Wale Balogun, told
the court that he was not aware of any of the
allegations the prosecution raised against his
client.
He contended that the onus was on the
prosecution to produce the defendant who has
been in its custody, in court for trial.
"We are not in custody of the 1st defendant,
they are the ones that have him in custody. We
are not ordinarily allowed to see him, so there is
no way we can confirm all the allegations.
"It is elementary requirement of law that the
defendant must be present during his trial, the
prosecution has not made any application for
his presence to be excused. The allegation the
prosecution raised are very serious. He said
someone told him, that DSS officer ought to
have deposed an affidavit.
"The learned silk cannot give evidence from the
bar. His allegations should have been supported
by an affidavit duly deposed before this court",
Balogun argued.
Similarly, counsel to the other defendants
agreed with Dasuki's lawyer that EFCC ought to
have backed the allegations with an affidavit
evidence.
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