The Federal Government on Tuesday lost its bid at the Federal High Court in Abuja to conduct secret trial of a former National Security Adviser, retired Colonel Muhammad Sambo Dasuki, on charges of unlawful possession of firearm and money laundering brought against him in September 2015.
The court said there was no point for the witnesses billed to be called to testify in the matter to wear masks and bear pseudo names and addresses so as to facilitate their protection.
Delivering ruling in an application for the secret trial of Dasuki, Justice Adeniyi Ademola held that the Federal Government had in its charges listed the names and addresses of 11 witnesses to be called to testify against him and made same available to the general public and as such there was no basis for any hide and seek game in the trial.
Justice Ademola, in the ruling that lasted over one hour, rejected the plea by government that the court during Dasuki’s trial be shut against the general public except the lawyers involved in the trial and accredited journalists.
Ademola said there was no basis to grant the request of government to make the witnesses wear special masks, bear pseudo names and addresses because the charges against Dasuki was not terrorism related and that there was no information that the life of any of the witnesses billed to be called was being threatened by anybody of group.
The Court held that although it has a discretion to look into such issues of protection of witnesses in a criminal matter, but such discretions must be judicially and judiciously used only in cases where threat to life has been established by the prosecution.
In the instance case, Justice Ademola said government failed to establish any fact that the lives of its witnesses were being threatened and as such no court of law would accede to such requests without established reason.
The Judge had earlier ordered the Federal Government and its agent, the Department of State Services, to henceforth allow Dasuki, who is in detention, access to his lawyers and family members in the interest of justice and the rule of law.
Justice Ademola issued the order following complains by counsel to Dasuki, Ahmed Raji (SAN), that his client was being held incommunicado since December 2015.
The judge, who was not comfortable with the complaints of Dasuki’s lawyer, gave a ruling in which he ordered that Tuesdays and Thursdays be set aside for Dasuki to have free access to his lawyers and family members for at least two hours of the day.
The court ordered that the meeting of Dasuki with his lawyers and family members should take place at the Interview Room of the DSS Headquarters and the Federal High Court premises in Abuja unhindered.
In the order, the judge granted the defendant access to four lawyers and two members of the family on the dates and venue chosen by the court.
Justice Ademola after issuing the order, which he said must be complied with by the Federal Government. adjourned the trial of the former NSA till May 18 and 19, 2016 at the instance of lawyers in the matters.
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