Former National Security Adviser (NSA),
Col. Mohammed Sambo Dasuki (rtd), has told a federal high court in Abuja
that he is being punished by some persons at the highest level of power
in the country for perceived grievances they had held against him while
in active military service many years ago.
Dasuki, who did not name any particular
person, said the punishment being meted out to him was unfortunate
having being borne out of mere vendetta.
In an emotionally laden submission, while
reacting to the government’s request for his secret trial, Dasuki, who
spoke through his counsel, Mr. Joseph Daudu (SAN), told the court that
he had rested his case in God for the ultimate judgment.
“It is crystal clear that the defendant
(Dasuki) is being punished by the powers that be for the perceived
offences committed long before… we leave them to the Almighty God for
his ultimate judgment,” he said.
Dasuki had been arraigned before three
different high courts for various allegations and was granted bail but
was rearrested in December last year by the federal government and has
since been held incommunicado.
At the resumed trial yesterday, the
federal government approached the court seeking a secret trial for
Dasuki who is facing charges of unlawful possession of firearms, money
laundering and breach of trust.
In the fresh motion argued by the
prosecuting counsel, Chief Dipo Okpeseyi (SAN), government prayed the
court to allow witnesses give evidence behind the screen to be provided
by the court.
He held that the request hinged on the
fact that Dasuki, as a former top security chief, has large loyalists
across the country who might jeopardise the trial if done in the open.
He further submitted that Dasuki had in
the recent past held the highest security office in the country and has
loyalists in security circles whose loyalty has been transferred to
personality and whose actions might be inimical to prosecution witnesses
some of whom are still in the service.
Okpeseyi cited the case of the government
witness who was involved in a serious accident, resulting in multiple
fractures and injuries, but added that inasmuch as he was not inferring
that Dasuki had a hand in the accident, it heightened the need for the
court to protect the witnesses.
He further submitted that in the highest
military office where Dasuki had last served, loyalty came first, second
and was the last rule, and because of the peculiar nature of loyalty
some persons have for him within the military and beyond, those to give
evidence in the trial were at one time or the other, staff of the
defendant.
He stressed that since the witnesses are
those of the court, whose primary duty was to assist the court arrive at
a just conclusion, the issue of security must be viewed with serious
concern.
He urged Justice Adeniyi Ademola to
screen the witnesses from the public in the interest of justice, and to
protect them, their families and career.
But counsel to Dasuki vehemently opposed the request for the secret trial of the former NSA.
Daudu argued that it would breach the
principle of fair trial, adding that contrary to the position of the
government, Dasuki could not be a threat to the witnesses as he had been
in the custody of the federal government since December last year.
Daudu held the view that an open trial
was the minimum requirement in a criminal trial and as such, any attempt
to opt for a secret trial in the instant case, which was not a capital
offence, would run contrary to Section 36 of the 1999 Constitution on
fail trials.
The defence counsel therefore asked the
court to discountenance the claim made by the prosecution on the issue
of loyalty in military circles, stressing that such claims were
speculative and not backed up by fact.
On the accident of the witness, Daudu
told the court that the accident could not have been caused by Dasuki,
who had been in the government custody for almost a year.
He said that the alleged accident had no bearing with the request for a secret trial.
He therefore urged the court to dismiss
the application for a secret trial, as such would trample on the rights
of the defendant to a fair trial.
Justice Ademola after taking the argument
of both parties, fixed ruling and continuation of the trial for
September 13, 14 and 15.
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