Former National Security Adviser (NSA), Sambo Dasuki’s application seeking to quash charges against him, has been adjourned indefinitely as a result of Justice Adeniyi Ademola’s absence to deliver ruling on the matter.
The Judge’s absence was because the date slated for ruling on the said application fell on the day the judicial easter vacation was to end. No date has been fixed as parties would be contacted later for a new date.
Dasuki, was arraigned by the Department of State Services (DSS) on charges bordering on alleged possession of forearms and money laundering before the Federal High Court sitting in Abuja.
Joseph Daudu SAN, counsel to Dasuki had premised the application seeking to quash charges preferred against him for prosecution`s failure to obey court orders.
Daudu said that the application prayed for an order to prevent the prosecution from further prosecuting the former NSA, and that there was no point to continue with trial since the prosecution had floated the court orders, which granted the defendant permission to travel abroad for medical treatment on September 1 and October 3, 2015.
He had argued that the defendant is still in DSS’ custody despite the court order for his release, as they have not had any access to him.
The prosecution counsel Oladipo Okpeseyi SAN, urged the court to dismiss the application for being an attempt to frustrate the trial.
He said order 26 of the rules of the court mandates counsel to reply brief on points of law. He said, since the defendant did not raise any point of law in his submission, the prosecution urged the court to discountenance his submission.
Okpeseyi had contended that the application was meant to restrict the powers of the prosecution to prosecute the case which the law frowned at.
“The defendant admitted in their notion that the arrest and re-arrest of Dasuki has nothing to do with current charge before the court.
“The Federal Government did not stop Dasuki from travelling for his medical treatment abroad, his passport has not been seized,” he said.
He further argued that, it was not obtainable to say that when Dasuki was granted bail in one charge and if that can cover all the charges in another courts.
