FOR THE second time, the Federal Government yesterday applied to the Federal High
Court in Abuja for secret trial and protection of witnesses that will testify against the former National Security Adviser, NSA, Col. Sambo Dasuki (rtd) in the charges of unlawful possession of fire-arms and money laundering brought against him.

 

Fresh application to this effect was brought to court by Chief Oladipo Okpeseyi SAN, recently engaged by federal government to lead the prosecution of the former NSA. The fresh motion dated January 23 and filed January 24, 2017 is insisting that Dasuki must be tried secretly and that the witnesses must be given protection by the court by not allowing their names and addresses to be made public in the course of the trial. But in a strong opposition to the fresh request, Dasuki asked the court to dismiss the government motion on the ground that it lacks merit and constituted a gross abuse of court process. The Ex-NSA in a counter affidavit filed by his lead counsel, Mr. Ahmed Raji, SAN argued that there was no justification for the Federal Government to have brought the motion for secret trial for the second time having lost in the first motion filed before the same court. Dasuki insisted that government had on its own volition placed the charges against him in the internet where the names, addresses and positions of the witnesses were conspicuously put at the disposal of the general public. Besides, Dasuki maintained that when the first application was argued by the then Director of Public Prosecution of the Federation, DPPF, Mr. Mohamed Diri, Justice Adeniyi Ademola of the same court in a landmark ruling dismissed the request on the ground that the witnesses were already known by the public having given their names and addresses to the public through the internet.

 

He further said that bringing the same motion to the same court constituted a gross abuse of court process and that what the prosecution ought to do if not satisfied with the decision of Justice Ademola, was to have gone to Court of Appeal to ventilate its anger. Dasuki who attached a copy of the earlier court ruling on the application to his objection, urged the trial judge, Justice Ahmed Mohammed not to allow the fresh motion for secret trial to be entertained because it would violate his right to fair trial and will run contrary to the principle of the rule of law and natural justice. When the motion came up yesterday, Opeseyi could not move the motion on the ground that the defence had just served him a voluminous counter affidavit objecting to the motion.

 

The prosecution counsel told Justice Mohammed that so many fundamental issues were raised in the counter affidavit and that plethora of authorities was also cited in the counter affidavit. He therefore applied for an adjournment to enable him study the counter affidavit and respond to it appropriately. The defence did not object to the request for the adjournment but clarified that the fresh motion for secret trial was served on the defendant last Thursday, hence their counter affidavit prepared over the weekend was served yesterday within the time allowed by law. Justice Mohammed has therefore fixed hearing of the motion for March 1.

 

It will be recalled that the Federal Government through the Department of the State Security Service had in 2015 slammed a 2-count charge of unlawful possession of fire arms and money laundering against Dasuki. But the trial suffered a setback last year when Justice Ademola withdrew from further conducting the trial following his arrest by the DSS on allegations of corruption related matters. The withdrawal of Justice Ademola from the trial prompted the Chief Judge of the Federal High Court, Justice Ibrahim Auta to transfer the case file to the present judge The Ex-NSA who pleaded not guilty to the charges was in 2015 admitted to bail by Justice Ademola but was dis-allowed by the DSS from enjoying the bail by re-arresting him and keeping him in custody since September 2015 till date.

An Abuja Federal High Court, on January 12  suspended the secret trial of the leader of the Indigenous People of Biafra, IPOB, Nnamdi Kanu till further notice.

Justice Binta Nyako made the pronouncement following a prima facie suit filed by Kanu’s counsel, Ifeanyi Ejiofor challenging the veracity of the charges leveled against the accused persons.

Shortly after his introduction, Ejiofor argued that the charges against the defendants lack merit and basic proof.

According to Ejiofor, “Nnamdi Kanu (the first defendant) is only exercising his right to self-determination.”

He contended that the defendants started their agitations before Muhammadu Buhari emerged as President; hence do not pose any threat to the Federal Government.

After listening to his argument, Nyako suspended the trial till further notice.

Kanu alongside Chidiebere Onwudiwe, Benjamin Madubugwu and David Nwawuisi, are currently facing trial before the Justice Nyako – led court for charges bordering on treasonable felony.