FORMER NATIONAL SECURITY ADVISER DASUKI WANTS ABSENTIA TRIAL
The former National Security Adviser (NSA) prayed the court to: “absolve him of any obligation of appearing at his trial, since the office of the State Security Service, an agent of government detaining him has also refused to respect the various court order for his bail.”
Penpushing recalled that, the accused has repeatedly been granted bail by various courts which were not obeyed by the Federal Government despite him meeting the bail conditions.
The prosecution counsel, Dipo Okpeseyi in a response asked the court to order the continuation of Dasuki’s trial in absentia, arguing that the cases for which Dasuki has been denied bail are independent of the instant case and described the defendant’s action as an affront to the court.
Penpushing reports that, the counsel who is a Senior Advocate of Nigeria(SAN), said the prosecution was ready to proceed with the trial, but by his action, “Mr Dasuki has again forestalled the day’s hearing session. This is not the first time. He did it in January and in April’.
However, Justice Mohammed in his brief ruling said the court will not grant the request by the prosecution to proceed with Dasuki’s trial in absentia, unless the prosecution deposes to an affidavit accusing the defence of wilfully avoiding the court.
The Judge noted that, the court had in its previous decision on April 10 settled the issue of Dasuki’s alleged refusal to attend court hearing.
“Let me observe that this court has in its ruling of April, 10, 2018 noted that any day that the defendant is absence in court and the prosecution believes that the defendant is unwilling to attend trial, the prosecution should swear an affidavit to show that the defendant has wilfully refused to come to court,” Mohammed ruled.
He also noted that the decision requested by the prosecution can only follow the applicant’s compliance with the ruling of the court on April 10, and refused to treat the request made by Dasuki in his letter and ordered the defence to properly communicate the court, for the letter to be included in its record. He said the court is a court of record which does not accept direct communication from parties.
Penpushing reports further that, the court adjourned the matter to November 19 for the prosecution to comply with the orders of the court on April 10, for a proper application for Dasuki’s trial in absentia.