National Security Adviser (NSA) Colonel Mohammed, Sambo Dasuki (rtd)
has alleged before an Abuja High Court that the federal government
planned to ambush him with double jeopardy in the two criminal charges
brought against him at the Federal Capital Territory high court in Abuja
and pleaded that the two charges be consolidated in the interest of
justice, fair play and due process.
Dasuki who has been
illegally detained after being granted multiple bails by courts, said
that the federal government in the quest to nail him has engaged in
gross abuse of court and legal process by instituting various criminal
charges against him on just one issue of the office of the National
Security Adviser.
In a fresh motion he filed to challenge the
alleged abuse of court process by government, Dasuki said that it was
wrong in law and even against natural justice for the government to
prosecute him on two different charges on the same alleged arms fund
diversion.
In the motion filed by his lead counsel, Mr. Joseph
Daudu SAN, the ex NSA insisted that the two charges be consolidated by
the authorities of the court in the interest of justice in order to
rescue him from double jeopardy planned for him by government.
The
motion on notice was brought pursuant to sections 6(6)(a); 36(5) &
(9) of the 1999 constitution (as amended); section 1(1); 208;396 (3);
491 & 492(3) of the Administration of Criminal Justice Act, 2015;
section 25 of the Interpretation Act
Dasuki sought an order of
the court consolidating charge no. FCT/HC/CR 2015 between FRN VS COL.
Sambo Dasuki (rtd) & 4 others with charge No. FCT/HC/CR/2015 between
FRN VS Bashir Yuguda, Col. Mhammed Sabo Dasuki & 4 others.
The
ex NSA also applied for an order compelling the Federal Government to
amend charge No. FCT/HC/CR 2015 between FRN VS COL. Sambo Dasuki (rtd)
& 4 others with charge No. FCT/HC/CR/2015 between FRN VS Bashir
Yuguda, Col. Mhammed Sabo Dasuki & 4 others in line with his request
for consolidation
He also demanded for another order
declaring that the simultaneous prosecution of the two charges against
him from one issue is unconstitutional and prejudicial to his right to
fair trial and is consequently and abuse of court process.
In a
28 paragraph affidavit in support of the motion deposed to by one Dolapo
Kehinde, it was stated that Dasuki is standing trial on two different
charges from the same issue of alleged diversion of N51.7B and breach of
public trust when he was the NSA.
The deponent claimed that
Dasuki will be put to great disadvantage because the trial is
constitutionally unfair to subject any person to more than one trial on
the same subject matter and that the defendant stand the risk of double
jeopardy with trial on two sets of charges which bother on the same set
of facts.
It was also claimed that trial on two sets of charges
from one issue will bring hardships to the court and Dasuki if the 15
witnesses testify in two different proceedings over the same issue and
the same transaction.
The affidavit further claimed that the
prosecution will not be prejudiced if the two charges are consolidated
but will serve the interest of justice and the effective administration
of criminal Justice.
In the alternative, Dasuki prayed that his name be struck out from one of the two charges in the interest of justice.
The
others parties in the matter are former Director of Finance and
Administration, Office of the National Security Adviser (ONSA), Shuaibu
Salisu; former General Manager, Nigerian National Petroleum Corporation
(NNPC), Aminu Babakusa and two firms: Acacia Holdings Limited and
Reliance Referral Hospital Limited.
When
the matter came up yesterday, Counsel to Dasuki Mr. Ahmed Raji SAN
announced that he has a pending motion seeking consolidation of the two
charges against his client but the prosecution counsel Mr. Rotimi Jacobs
SAN complained that the new motion was to frustrate and delay the trial
and urged the court not to entertain demotion.
However, Justice
Baba Yusuf said that since the motion has been filed and served it will
not serve any purpose for the court to close its eyes on it.
He then adjourned hearing of the motion till March 2, 2017.
