A Federal High Court in Abuja on Friday summoned the newly appointed Attorney-General of the Federation and Minister of Justice, Abubakar Malami (SAN), to appear before it on Monday, following the continued occupation of the Abuja home of the immediate past National Security Adviser, Col. Sambo Dasuki (retd), by operatives of the Department of State Service.
Justice Adeniyi Ademola before whom the Federal Government is prosecuting Dasuki for money laundering and illegal arms possession charges, directed the AGF or his representative to appear in court to explain why the ex-NSA had been prevented from travelling abroad despite an order of the court permitting him to do so.
The judge had fixed Friday for the hearing of an application by Dasuki which sought an order directing operatives of the DSS to vacate his residence at 13, John Kadiya Street, Asokoro District, Abuja.
The application which was filed on November 9, 2015 also sought an order of court extending the period of his trip abroad to make up for the delay already caused by the DDS seige on his home.
The judge had on November 3 granted an order permitting Dasuki to travel to the United Kingdom on health grounds for three weeks.
But the former NSA has since been prevented from embarking on the trip due to seige laid to his house by the DSS, which said it was investigating fresh allegations against him (Dasuki).
Dasuki was not present in court during the Friday’s proceedings.
But his lawyers led by Mr. Joseph Daudu (SAN) and Shuaibu Labaran representing the prosecution, were in court prepared for the hearing of the fresh application on Friday.
The judge however said having read the papers filed by both parties with respect to Dasuki’s fresh application, there was the need to hear the explanation of the new AGF or his representative on the situation about the order which he granted on November 3.
The judge insisted on Friday that his November 3 order was still subsisting and later adjourned till Monday for the AGF or his representative to appear in court and for definite hearing of Dasuki’s application
“I stand by my order, nobody is saying that the man should not be investigated, but the order must be obeyed and I am not ready to bend on the order,” the judge had said.
Dasuki had filed fresh application which followed the siege laid on his house by the operatives of the DSS shortly after his passport was released to him. In the application, he alleged that he had been prevented from travelling abroad to attend to his ailing health in line with the order of Justice Adeniyi Ademola, for the release of his travelling documents on November 3.
He is therefore seeking the removal of “all human and non-human barricades, bulwarks and or siege laid around, about and across” his residence at No. 13 John Kadiya Street, Asokoro District, Abuja.
In the application filed on his behalf by his lawyer, Mr. Ahmed Raji (SAN), Dasuki also wants Justice Ademola to extend the order made on November 3, to make up for the delay caused by the siege on his house.
He also wants the court to dispense with his appearance from court during the hearing of the application.
A supporting affidavit to the application reads, “I am aware as a fact that by the act and overt aggression of the complainant/privies, the security and life of the defendant/applicant is being constantly threatened.”
His prayers in the application read, “An order dispensing with further appearance of the defendant/applicant in the proceedings conducted in this case, save for specific circumstances in which this honourable court so directs; or at least for an order dispensing with his appearance for the purposes of hearing this application.
“An order of this honourable court extending its order of 3rd November 2015, wherein leave was granted the defendant/applicant to travel abroad, for the treatment of his ailing medical condition.
“A mandatory directing the complainant (the Federal Government) and any other agency acting on its behalf, particularly the Department of State Sevices, to forthwith remove all human and non-human barricades, bulwarks and or seige laid around, about and across the defendant/applicant’s residence at No. 13 John Kadiya Street, Asokoro District, Abuja, the said impediments which have hindered the accomplishment of the said order of this honourable court permitting the defendant to travel abroad for treatment of his ailing medical condition.”
By the November 3 order of Justice Ademola, Dasuki was expected to have returned to the country before the next hearing date of his trial on November 26.
The judge had fixed ruling on the prosecution’s application for protection of its witnesses for the same date.
