Accuses
FG of denying him access to lawyers ABUJA—Former National Security Adviser,
NSA, Col. Sambo Dasuki (retd), has restated his desire to have free access to
his lawyers to enable him defend himself and clear allegations on the criminal
charges of unlawful possession of fire arms brought against him by the Federal
Government. Dasuki told the Federal High Court in Abuja that the Federal
Government no longer had moral and legal rights to continue his trial, having
disobeyed the order of bail granted him since November 3, 2015. According to
his counsel, Mr. Joseph Daudu (SAN), Dasuki premised his prayer on the fact
that the government was in contempt of the court in relation to the charges
filed against him. Col. Sambo Dasuki (rtd.): Former NSA Col. Sambo Dasuki
(rtd.): Former NSA Daudu, while arguing the motion, claimed that since November
3, 2015, when his client was re-arrested by operatives of the Department of
State Services, DSS, after perfecting the bail conditions, he had since been
held in custody without trial or reasons made known to him. The counsel
insisted that the order that admitted Dasuki to bail remained valid, having not
been reviewed or set aside by the court, and, as such, must be obeyed in the
interest of justice. He claimed that his client could not be lawfully
prosecuted by government because his right to prepare adequately for his
defence, as enshrined in the bail and the constitution, had been violated,
having been kept away from his lawyers. The counsel also stated that Section 36
of the 1999 constitution presumed his client innocent until guilt had been
established against him. He noted that for now, the provision of the law had
been turned upside down by his re-arrest without trial since last year. He
said: “We must state here that since his re-arrest at the Kuje Prison after
perfecting his bail condition, we have not been allowed access to him. We are
at the crossroads and only the court can right the wrong in this matter so that
the defendant will have time and facilities to defend himself. “Investors are
watching the court and the situation, especially where government is choosing
to disobey a lawful court. Absolute power corrupts absolutely, and we must not
send a wrong signal to the outside world that we have no regard for the rule of
law.” He, therefore, urged the court to prohibit the trial of Dasuki until
government did the needful. However, in his opposition to the application,
counsel to the Federal Government, Mr. Dipo Okpeseyi (SAN), urged the court not
to grant the application because its purpose was to frustrate the trial and
restrain the power to prosecute a criminal charge. Okpeseyi claimed that the
bail granted the defendant did not prohibit his re-arrest in connection with
any other matter. Okpeseyi also claimed that no material was placed before the
court to show that the government violated the bail order and that there was
also no evidence that government was preventing him from defending himself.
Okpeseyi argued that merely looking at Dasuki was an indication that he looked
clean, fresh and well-catered for in the custody He, therefore, urged the court
to dismiss the application.
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