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FG seeks secret trial of ex-NSA, Sambo Dasuki

By Lemmy Ughegbe
27 October 2015   |   3:09 am
THE Federal Government yesterday applied to the Federal High Court,  Abuja Division for a secret trial of former National Security Adviser (NSA), Col. Sambo Mohammed Dasuki (rtd) in the criminal charges of ...
Former National Security Adviser Col. Dasuki Sambo (third left) at Federal High Court, Abuja …yesterday PHOTO: LADDI LUCY ELUKPO

Former National Security Adviser Col. Dasuki Sambo (third left) at Federal High Court, Abuja …yesterday PHOTO: LADDI LUCY ELUKPO

Files fresh charges, Dasuki seeks to travel abroad

THE Federal Government yesterday applied to the Federal High Court, Abuja Division for a secret trial of former National Security Adviser (NSA), Col. Sambo Mohammed Dasuki (rtd) in the criminal charges of unlawful possession of firearms and money laundering preferred against him.

The government also yesterday filed fresh charges against the former NSA which now contains the alleged retention of funds which formed part of the proceeds of an unlawful act contrary to Section 15 (2)(d) of Money Laundering Prohibition Act 2011.

Dasuki who was escorted to the court by three former civilian governors and a retinue of former ministers and top government functionaries pleaded not guilty to the fresh five-count charges as against the earlier one count charge.

He was allowed bail in the previous term by Justice Ademola Adeniyi.

However, in a motion on notice argued by the prosecution counsel, Mr. Shuaibu Labaran, the Federal Government prayed the court to grant secret trial of the former security chief for the security of its witnesses billed to testify against the accused.

The application was brought to the court pursuant to Section 36(4) of the 1999 constitution and Section 232 of the Administration of Criminal Justice Act 2015.

Among others, the prosecution sought order to direct that the names and address of all its witnesses should not be disclosed in any record or report of proceedings that may be accessible to the public and that the witnesses be permitted to use pseudo name in the course of proceedings to grant to its witnesses access to a non-public route to and from the court premises and courtrooms as well as to allow them to use private witnesses room.

Apart from lawyers and accredited newsmen, the prosecution asked the court not to allow any member of the public to witness the trial and that the witnesses be permitted to wear facial masks while giving evidence against the ex-NSA.

Labaran, who argued the motion, submitted that the trial will suffer a setback because the witnesses will not testify without secret trial for fear of reprisal from undisclosed places.

However, counsel to the accused, Mr. Joseph Daudu (SAN) prayed the court to dismiss the application for lack of merit and being frivolous.
He told the judge that the names of the witnesses were already in the public domain at the instance of the prosecution, adding that the application was a mere academic exercise that should not be granted by the court.

Justice Ademola will give ruling on the application on Wednesday.

The fresh charges are that the accused was on July 17, 2015, at his house, No. 13, John Khadiya Street, Asokoro, Abuja found in possession of various range of firearms without a requisite licence an offence punishable under Section 27 (1)(a) of the Firearms Act Cap F28 LFN 2004.

He was also accused of retaining $40,000, N5 million and another $20,000 in the same house and same date contrary to Section 15 (2)(d) of Money Laundering Prohibition Act 2011.

Besides, the accused was said to have on July 16, 2015, at his residence at Sultan Abubakar Road and Sabon Birni Road, Sokoto retained another $150,000 and N37.6m being part of proceedings of an unlawful act contrary to Section 15 (3) of the Money Laundering Act 2011.

Meanwhile, Dasuki, through his counsel has filed an application for temporary release of his travelling documents from the court to enable him to travel abroad for medical attention.

The medical checkup was said to have been over-due since July but that he could not travel due to the seizure of his passport. The application will be argued on Wednesday.

12 Comments

  • Author’s gravatar

    Secret trial.. talk about Guantanamo style!.. CHANGE, here we come!

  • Author’s gravatar

    Going by the sensitivity of this case & the inherent nature of Nigerians (poverty mentality & god-fatherism) not able to distance themselves from evil or what is generally acclaimed wrong due to the benefits they derive from such individuals the choice of secret trial for the former National Security Adviser is not out of place.
    If only one completely knows the influence of this single man in Nigeria (just like James Ibori) of Delta state serving jail terms in UK prison. We will not start calling this administration names as Guantanamo style, CHANGE etc for choosing the option of secret trial; Did we remember that no court in Nigeria was able to handle James Ibori’s case? Did we remember how the then AGN Michael Oandoka campaigned for Ibori’s freedom, the twist & turn of events to free James Ibori of charges? how James Ibori practically built a high court in Asaba, transfered in a judge of his choice & instructed the judge to declare him a ”clean bill” (having no substantial charges against him), therefore James Ibori was declared in Nigeria free of charged & has no case to answer. Public witnesses could be assassinated/mobbed day/days before testifying or allowed to testify & later be killed or any of their family members made to suffer.

    • Author’s gravatar

      I think fear of the unknown is what’s keeping the northerners from petitioning their Gov’s and politicians to the efcc and other courts. Its now very clear that people of the South are the ones bold enough to do so, how comes the north have ruled over 35 years of our existence with all the riches and still remain the poorest zones even with the likes of Abacha, IBB, Abdusalam and etc.

      No secret trial, try him publicly to have a judgement unmarred by hypocrisy, How on earth the FGN will be afraid of him.

      • Author’s gravatar

        yy travelling abroad for medical check up are they nt thesame with people liiving in the villages,all these looted money can provide gd medical treatmen in that country. untill that country stopped all this rubbish/going abroad for medical treatment.mind u people were dying in Europe too , better dying in ur country.u are nt ashame, do u hv Resident permit here in Europe, talkless of hving health insurance,private treatment/cost a lot , eyin ole wonyi, God punish uuuuuuu

  • Author’s gravatar

    All are innocent until proven guilty, even the ‘Ibori’ with all the crime he committed was convicted in open court and not in secret..

  • Author’s gravatar

    For FGN to even suggest secret trial means that the man has no case to answer. OR is it that FGN is afraid of the man? my understanding of secret trial means that FGN want to jail them at all cost. If FGN is sure that the man launder money and he is guilty as charged let the witnesses not wear mask. Why the Mask? It is not military court-martial. If FGN or APC say they are not afraid of the tension in the country today they should try the man publicly. There is tension the Country waiting to be ignited.

  • Author’s gravatar

    Are the Gullibles still arguing that this is not a witch-hunt? May God help Nigeria. May Buhari fail woefully in his attempt to return Nigeria to the state of a banana republic.

  • Author’s gravatar

    It is simple, but we are making it complicated. Sambo has to hire a good lawyer to defend him for the alleged crimes. The government can request close trials to protect its witnesses. The sycophants that escort him to court are mere jesters. The law is blind and has a long arm. Sambo, remember you are no more in Sokoto.

  • Author’s gravatar

    The failure of the anti-graft agencies to take full advantage of the Witness Protection Laws in Criminal procedures have led to the mess up and dismissal of some serious cases by some clever judges in the past. It appears in this case, the Federal government have learnt their lessons. Witnesses should be given adequate protection as guaranteed by law. They are the last jig-saw in a successful prosecution of criminals. No expenses should be spare, especially in a ‘big’ case like this.

    • Author’s gravatar

      thank u Mr Charles for a credible statement on this issue at stake.most people are ignorant i would say of the said reason behind a call for a secret trial,which is seemling not biased,as thought by a majority of people in apparent sympathy because the Dasuki is a big man .When the US Govt embarked on this said WPP ,they knew without this in place they would be no way forward in criminal justice.like Mr Charles rightly said the FG has learnt a big lesson,we just have to upgrade our systems not only judicial but all other sectors.

  • Author’s gravatar

    Is it secret conviction or trial? Am surprised they are not convening secret Army Court Marshal for a retired officer…all in the name of change!

  • Author’s gravatar

    Please, please, please! Could secret court trials become the new face
    of our new democracy under our CHANGE mantra?
    Can the Nigerian Bar Association help to save the nation ordeal, please?