A Federal High Court in Abuja has dismissed the application of the Federal Government seeking to compel the presence of the former National Security Adviser, Colonel Sambo Mohammed Dasuki, in court throughout his trial.
In defiance of previous court order, the Department of State Services has refused to vacate the Abuja residence of Dasuki and prevented him from traveling for medical treatment as directed by the court.
The DSS operatives have laid siege to his residence since November 4.
The Federal Government through the Director of the Public Prosecutions of the Federation, Mohammed Diri, who filed the application, argued that Dasuki was wrong in law by staying away from the court for three consecutive times when the case against him came up.
Diri cited section 266 of the Administration of Criminal Justice Act 2015 as a law that makes the presence of Dasuki mandatory in court at all times.
But delivering ruling on the application, Justice Adeniyi Ademola of the Federal High Court, Abuja dismissed it for being frivolous, unwarranted and lacking in merit.
Justice Ademola agreed with the Counsel to Dasuki, Joseph Daudu (SAN), that the law was turned upside down by the Federal Government counsel for no just cause.
The Judge, who read out section 266 of the Administration of Criminal Justice Act 2015, held that the law was so clear that the presence of an accused person can be dispensed with in court during interlocutory applications.
He agreed that since only interlocutory applications were being argued in court presently, the presence of Dasuki was not mandatory in court for now.
The former NSA had filed an application before the Judge to permit his absence in court for now in view of the alleged threat to his life in the hands of security agents of the Federal Government, who have laid siege to his Abuja residence for more than three weeks.
Meanwhile, hearing in another application filed by the Federal Government seeking a court order to revoke the bail earlier granted Dasuki has been fixed for December 3.
The application could not be heard on Thursday as Justice Ademola said he was being expected at the ongoing Judges Conference being held in Abuja.
The application, filed by Diri, is asking the court to commit the former NSA to prison pending the completion of investigation into the money laundering allegations against him.
He also opposed the permission granted Dasuki by Justice Ademola to travel abroad for three weeks to treat his ailment, adding that Dasuki will escape justice if allowed to go abroad.
Dasuki’s lawyers, led by Daudu, have however filed objection to the application on the ground that it was baseless and speculative.
They urged Justice Ademola to dismiss the application.
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