An Abuja Division of the Federal High Court has ordered the continuation of the trial of a former National Security Adviser, Sambo Dasuki, in the absence of the accused person.
Justice Ahmed Muhammed gave the ruling yesterday after the prosecution provided an affidavit, in line with the court’s directive on November 13.
The court, had during its last sitting on November 13, refused an oral application by the prosecution to continue Dasuki’s trial in his absence.
Dasuki, who is in custody of the State Security Service (SSS), refused to turn up in court because he said the prosecution failed to comply with an April 10 decision of the court.
Ahmed had ruled that in the event where the prosecution believed the defendant willfully refused to appear in court, the prosecution should file an affidavit accusing him of willfully avoiding court sessions.
Subsequently, the prosecution counsel, Oladipupo Opeseyi, informed the court of the affidavit, accusing Dasuki of refusing to attend trial.
Opeseyi said: “The defendant in this matter, in his wisdom, again has decided not to obey the order of this court to appear for his trial. This would be the fourth time since the trial began.
“By the last adjourned date, the defendant wrote to the court on November 13 through a letter dated November 12, stating in clear terms that he would no longer attend court proceedings.
“We had thought that with the proceedings of November 13, the defendant would be in court today.
“Again, we received information after every necessary arrangement for him to be in court today that he had decided not to be in court, just as he said in his letter of November 12.
“Pursuant to the ruling of this court on April 10, we filed an affidavit today to the effect in compliance to the court order.
“The point we are making here is that the matter of the defendant’s arrest and re-arrest are not issues before this court. The defendant admitted in paragraph 10 that he filed three separate applications in three different courts. One of such application is in this court.
“Since he has decided to disobey the order of the court, I hereby humbly request that this trial should proceed in the absence of the defendant, or alternatively, the matter be stood down for him to be brought to this court willingly.”
Although Counsel to the former NSA, Mr. Victor Okwudiri, strongly opposed the application, he was however overruled by the trial judge.
According to the defence counsel, the affidavit filed by the prosecution to support the request was legally defective as it was not accompanied with the seal of the Nigerian Bar Association (NBA), as prescribed in Rule 10 (1) and (3) of the Rules of Professional Conduct for Legal Practitioners.
Similarly, Okwudiri argued that the federal government lacked the right to seek favourable judicial dispositions from the court, having failed to obey several court orders that granted bail to the ex-NSA.
He therefore begged the court to give his client the chance to respond to allegations brought against him in the said affidavit in the interest of fair hearing.
But dismissing the objection, Justice Mohammed pointed out that the court had on April 10 and November 13, directed the federal government to file an affidavit for the trial to be conducted in absentia, any day the defendant refused to appear for the continuation of his trial.
The judge also averred that as a legal practitioner, the deponent of the affidavit was not under legally obliged to affix NBA seal to the document since he could be regarded as a witness that merely gave information that was within his personal knowledge.
The trial judge also noted that the letter Dasuki earlier wrote to the court was a clear indication that he was not ready to appear for his trial again.
“The reason for the defendant’s refusal to appear in court has nothing to do with the case at hand. This court has not denied the defendant any of his right”, the court noted, stressing that the defence counsel never denied that his client wrote the letter dated November 12.
He said: “The affidavit was filed in compliance with order of the court. The defendant did not say that he wants to come to court and was denied to do so. It is very clear that the defendant is not willing to be attending to court for his trial. I hereby invoke section 352(4) of the Administration of Criminal Justice Act, 2015, to continue this trial in the absence of the defendant.
“This case is hereby adjourned till December 11 for continuation of trial”, Justice Mohammed ruled.
On November 13, Dasuki refused to appear for his trial and transmitted a letter to the court.
In the said letter, he accused the federal government of high-handedness, adding that it had reached a point when there must be an end to “hypocrisy and lopsided/partisan rule of law.”
