By Vivian Ojekeme
Abuja
Justice Adeniyi Ademola of a Federal High Court , sitting Abuja has expressed worry over the non appearance of the former National Security Adviser, Col Sambo Dasuki(rtd) as directed by the court.
The trial judge who said he would not want to set a ‘bad precedent’ by trying him in absentia, therefore ordered that the accused be produced on February 16 to answer criminal charges filed against him.
According to him, it is mandatory for a defendant in a criminal matter to be physically present in court at every stage of the prosecution except where the presence of an accused is excused by court for reasons.
The judge’s reaction followed government’s failure to bring Dasuki to court yesterday for the continuation of his trial, without any reason.
Dasuki is standing trial over charges of unlawful possession of fire arms, breach of trust and money laundering.
His counsel Mr. Joseph Daudu (SAN), had bitterly complained that his client was abducted by security agents of the Federal Government six weeks ago to an unknown destination.
Daudu informed Justice Ademola that since Dasuki was whisked away, all efforts by Dasuki family members and his lawyers to have access to him were scuttled.
The SAN also recalled that in the three different High Courts where Dasuki was arraigned by the Federal Government, he (Dasuki) was variously admitted to bail and the counsel regretted that up till date, the government and its agents have refused to allow Dasuki go on bail.
He then urged the judge to compel the Federal Government and its agents to respect the court’s decision, having joined issues with the defendant in court.
In his response, the trial judge said: “I am worried that the accused is not here. I do not want to set a bad precedent. Except the court gives express order for the defendant not to be in court, the accused must be brought to court from wherever he is.
“The accused must be here because I am not sure if what I am doing right now in the absence of the accused is not an illegality. Government and whoever is concerned must endeavour to do the necessary thing. The accused having been formally charged in court, must be produced in court for trial on the appointed days in compliance with provisions of the law.”
Earlier, the prosecuting counsel, Mr. Dikpo Okpeseyi (SAN) had applied for withdrawal of an application earlier filed by government, seeking revocation of bail granted Dasuki on November 3, last year.
The judge consequently struck out the application and announced that ruling would be delivered on February 16 in a pending government application, seeking secret trial of the former NSA.
Meanwhile, the trial of Dasuki has been fixed for February 16 and 17 at the same court.