The Federal Government on Monday asked a Federal High Court in Abuja to revoke the bail granted the immediate past National Security Adviser, Col. Sambo Dasuki (retd.), on September 1, 2015 with respect to the four counts of money laundering and illegal possession of firearms for which he is already being prosecuted.
The Federal Ministry of Justice, acting for the Federal Government, said it sought the revocation of Dasuki’s bail in order to arrest him and others indicted for the alleged embezzlement of $2bn meant for the purchase of arms from 2007 to date.
It said the indictment was contained in the interim report by the Committee Auditing Procurement of Arms/Equipment in the Armed Forces and Defence Sector from 2007 to date which was recently submitted to President Muhammadu Buhari.
Through its application filed last Friday, the Federal Government sought an order remanding the ex-NSA in prison, pending his trial.
The application, a copy of which was obtained by our correspondent on Monday, sought “an order of this honourable court revoking the bail of the defendant/respondent (FG) granted on September 1, 2015, in charge No: FHC/ABJ/CR/319/2015 and committing him to prison, pending trial.”
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The Director, Public Prosecution of the Federation, Mr. Mohammed Diri, told Justice Adeniyi Ademola during the Monday’s proceedings that the continued absence of the accused person in court contravened provisions of Section 266 of the Administration of Criminal Justice Act, which he argued, made it mandatory for a defendant to always be present in court for his trial.
In his application seeking the ex-NSA’s bail, Diri said intelligence had revealed that Dasuki was planning to escape justice and tamper with ongoing investigation by taking advantage of the order granted him by the court on November 4 to travel to the United Kingdom on health grounds.
Diri also said Dasuki was still being investigated for money laundering allegations and that there was fear that that the ex-NSA could tamper with the exercise by his foreign trip.
The grounds of the application read, “That the defendant is undergoing investigation by the Committee Auditing Procurement of Arms/Equipment in the Armed Forces and Defence Sector from 2007 to date, set up by the Federal Government.
“That the interim report, as submitted to the Federal Government, has indicated that the resources running into over $2bn was allegedly corruptly embezzled and the investigation is unfolding further facts that require the presence of the respondent to assist in investigation.
“That as a result of the interim report submitted to the Federal Government, there is a government directive for the arrest of all those indicted by the report including the defendant.
“That the public interest of the nation is at stake and investigation has to be properly conducted to a logical conclusion.
“That the ongoing investigation which borders on money laundering against the defendant has also not been concluded and there is fear that investigation might be tampered with on account of foreign visit by the respondent before the completion of investigation.
“That this honourable court made an order for the release of the international passport of the defendant to travel to the UK for medical treatment over an ailment complained of by the defendant who can be properly treated in the National Hospital, Abuja, and other teaching hospitals in Nigeria.
“That further intelligence revealed that the defendant has concluded plans to take advantage of the order of this court releasing his international passport to escape justice and tamper with ongoing investigation.”
But Dasuki’s lead counsel, Mr. Joseph Daudu (SAN), informed Justice Adeniyi Ademola on Monday that he had filed a preliminary objection to the Federal Government’s application contending that the prosecution was not entitled to any indulgence of the court as long as it continued to allegedly flout the order permitting his client to travel abroad to attend to his health.
He also said section 266(b) of the ACJ Act had provided that an accused could be absent from court during the hearing of an interlocutory application like the one he had filed before the court seeking an order removing the barricade erected by the operatives of the DSS at his home in Abuja to prevent him from traveling abroad as ordered by the court.
Hearing of pending applications in the case was adjourned till November 26 even as the Attorney-General of the Federation and Minster of Justice, Mr. Abubakar Malami (SAN), and the Solicitor-General of the Federation and Permanent Secretary to the ministry, Mr. Taiwo Abidogun, were absent in court on Monday to clarify the issues surrounding the continued barricade of Dasuki’s home by the DSS.
