Nigeria’s
immediate past national security adviser, NSA, Colonel Sambo Dasuki
(rtd) has alleged before an Abuja High Court that the federal government
planned to ambush him with double jeopardy in the three criminal
charges against him in three different high courts in Abuja.
Dasuki 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.
In a 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
arraign him before two different high courts of the Federal Capital
Territory on the same sections of the law and on the same alleged arms
fund.
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 defendant is not afraid of trial
but the due process of the law must be followed in the interest of
justice” the motion said.
Meanwhile the court has adjourned hearing in the motion for consolidation of charges to October 5, 2016.
At the resumed trial on Monday
prosecution counsel, Rotimi Jacobs (SAN) informed the court that lawyers
have agreed that the motion be adjourned for hearing in October because
of the absence of the lead counsel to Dasuki.
Justice Hussein Baba-Yusuf after hearing
the lawyers fixed a October 5, 2016 for definitive hearing on
application for consolidation of charges by Dasuki.
Joseph Daudu (SAN), lead counsel to
Dasuki, who is first defendant in the matter, had at previous sitting
informed the court about a fresh motion seeking to consolidate charges
against him with another case before Justice Peter Affen of the same FCT
High Court.
The Ex-NSA in the motion on notice
claimed that the trial in two different courts on the same issues and
facts is unconstitutional and prejudicial to his right to fair trial by
the court.
Dasuki who is standing trial on
allegation of alleged misappropriation of $2.1B along with four others
before Justice Baba Yusuf insisted that the charges against him by the
complainant on the same issue constituted a gross abuse of court
process.
In the motion brought pursuant to
Section 6 and 36 of the 1999 Constitution and Section 1, 208, 396, 491
and 492 of the Administration of Criminal Justice Act (ACJA) 2015,
Dasuki claimed that the two charges revolved around the same set of
transaction and facts on the alleged funds misappropriation and the
breach of trust.
He claimed that the two charges with NO
FCT/HC/CR/43/2015 and another one with FCT/HC/CR/42/2015 pending before
Justice Baba Yusuf of the High Court No 4 and Justice Peter Affen of
High Court No 24 respectively are identical charges emanating from the
Office of the National Security Adviser and as such must be consolidated
in the interest of justice and fair trial to avoid double jeopardy.
The applicant further claimed that to
stand trial before two different courts and two different judges on the
same set of facts and purported transaction of the office of the NSA
will be prejudicial and great hardship against him as he stands the risk
of double jeopardy having being charged in two different courts on the
issue.
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.
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