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Court Dismisses Dasuki's Third Application To Stop Trail by GROOOVE(m): 8:46pm On Apr 19, 2016 |
A Federal High Court in Abuja on Tuesday
dismissed an application by the immediate
past National Security Adviser, Col. Sambo
Dasuki (retd), seeking an order discharging
him of charges preferred against him and
another order prohibiting the Federal
Government from further prosecuting him.
Justice Adeniyi Ademola, in a ruling, held
that the application lacked merit as same
contained prayers that were not granted by
any court.
The Tuesday’s ruling is the third after two
previous rulings of two other judges of the
Federal Capital Territory High Court in
Maitama, dismissing similar applications
which was filed by Dasuki in respect of two
sets of separate charges preferred against
him before the judges.
However, Justice Ademola in a separate
ruling on Tuesday, dismissed a separate
application by the Federal Government
seeking protection of its 11 listed
witnesses ?whom it said were afraid of
appearing to testify in the case for fear of
reprisal.
He held that the prosecution failed to
establish the grounds for granting such
application asking for permission to shield
the identities of their witnesses during trial.
The Federal Government is prosecuting
Dasuki before the court on four counts of
money laundering and illegal possession of
firearms.
Dasuki however filed the application dated
February 11, 2016, asking the court to
prohibit the Federal Government from
prosecuting him and discharge him of the
alleged crimes on the basis that the Federal
Government had disobeyed the orders
granting him bail and permitting him to
embark on a medical trip abroad.
He claimed that his continued detention in
the custody of the Department of State
Service since December 29, 2015,?
amounted to the Federal Government being
in contempt of the court order of the court
granting him bail on September 1, 2015 and
another granting him permission on
November 3, 2015 to travel abroad for
medical treatment.
The judge in dismissing the application held
that the defence lawyers, Messrs Joseph
Daudu and Ahmed Raji, both Senior
Advocates of Nigeria, had failed to ?follow
the laid down procedure through which the
court would be able to make findings on
whether the prosecution was in contempt
of the court orders.
The judge, who described Dasuki’s
application as strange, also held that no
court in Nigeria could either compe?l the
Federal Government to prosecute a suspect
or prohibit it from prosecuting an accused
person.
He also held that it was too early in the day
to make an order discharging the accused
when his trial had yet to commence.
Source – Punchng,com cc lalasticlala |
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