Money Laundering Charge: Court Grants FG’s Request To Try Dasuki In Absentia

The Abuja Division of the Federal High Court, on Monday, gave
the Federal Government the nod to try the detained former National
Security Adviser, NSA, Col. Sambo Dasuki, rtd, who is facing money
laundering charges, in absentia.

Justice Ahmed Mohammed okayed Dasuki to be tried in his absence,
following an application that FG filed through the Federal Ministry
of Justice.

FG had in an affidavit it filed before the court, alleged that
Dasuki blatantly declined to further subject himself for trial.

It told the court that the ex-NSA said he would no longer make
himself available for any proceeding in respect of the criminal
charge against him.

Consequently, the prosecution counsel, Mr. Oladipupo Okpeseyi,
SAN, applied for FG to be allowed to try the Defendant in absentia,
in line with section 352(4) of the Administration of Criminal
Justice Act, 2015.

Alternatively, the prosecution urged the court to stand down the
matter and order that Dasuki should be compelled to appear.

Though Dasuki’s lawyer, Mr. Victor Okwudiri, vehemently opposed
the application, he was overruled by the trial Judge.

Okwudiri had insisted that the affidavit FG filed to support the
request was legally defective as it was not accompanied with the
seal of the Nigerian Bar Association, NBA, as prescribed in Rule 10
(1) and (3) of the Rules of Professional Conduct for Legal
Practitioners.

He equally contended that FG lacked the right to seek favourable
judicial dispositions from the court, having failed to obey several
court orders that granted bail to the ex-NSA.

Besides, Dasuki’s lawyer begged the court to give his client the
chance to respond to allegations FG levelled against him in the
said affidavit that was deposed to by one Abimbola Akintola, in the
interest of fair hearing.

However, while dismissing the objection by Dasuki’s lawyer,
Justice Mohammed noted that the court had on April 10 and November
13, directed FG to file an affidavit for the trial to be conducted
in absentia, any day the Defendant refused to appear for
continuation of his case.

The Judge held that the deponent of the affidavit, being a legal
practitioner, was not under legal obligation to affix NBA seal to
the document since he could be regarded as a witness that merely
gave information that was within his personal knowledge.

He noted that the letter Dasuki earlier wrote to the court was a
clear indication that he has resolved not to appear for his trial
again.

Justice Mohammed said it was unnecessary to compel Dasuki to
appear since the law made provision for his trial to go on in his
absence.

“The reason for the Defendant’s refusal to appear in court have
nothing to do with the case at hand. This court has not denied the
Defendant any of his right”, the Judge noted.

He said the Defence lawyer did not deny that it was Dasuki that
wrote the letter dated November 12, adding that the Affidavit did
not concern any matter that was outside issues that were raised in
the letter.

“The affidavit was filed in compliance with order of the court.
The Defendant did not say that he wants to come to court and was
denied to do so.

“It is very clear that the Defendant is not willing to be
attending to court for his trial. I hereby invoke section 352(4) of
the Administration of Criminal Justice Act, 2015, to continue this
trial in the absence of the Defendant.

“This case is hereby adjourned till December 11 for continuation
of trial”, Justice Mohammed held.

It will be recalled that Dasuki had on November 13, refused to
appear for his trial, though he transmitted a letter to the court,
accusing President Muhammadu of high-handedness.

Dasuki, in the letter he personally wrote to the court, said it
has gotten to a point when there must be an end to what he decribed
as “hypocrisy and lopsided/partisan rule of law” by the Federal
Government.

He chronicled how FG repeatedly spurned various court orders,
including the the judgment of the ECOWAS Court of Justice, which
okayed his release on bail pending the determination of different
charges against him.

The ex-NSA who has been in detention since 2015, said he bacame
apprehensive after President Buhari, in his maiden Presidential
Media Chat, maintained that the weight of crimes he allegedly
committed against the Nigerian State, were such that if allowed to
enjoy any form of freedom, he would likely jump bail.

He decried that he has suffered unabated persecution in the
hands of the President Muhammadu Buhari-led administration.

According to him, “Prevailing circumstances have prompted me to
write this Letter to the Court, the hope of every Nigerian citizen.
Unfortunately, it seems to me that the current administration has
so much interfered with the judicial system, such that it has
become practically impossible for the Court to maintain her
independence, the administration of justice.

“The resolve to continue detaining me against the several orders
of court and in brazen violation of the Constitution, is wrongful
and arbitrary.

“It has inflicted physical, emotional and psychological torture
on my family and me. The decision of the Federal Government of
Nigeria is not only high-handed, it is also arbitrary and in
violation of both domestic and international laws on human
rights.

“At this juncture, it will seem that the Nigerian Government is
not inclined to yield or obey the Orders of any Court of law,
whether domestic or international.

“Ironically, the Federal Government still wants to ride on
judicial wings to prosecute me, when it does not comply with the
Orders that proceed from the Court, especially in relations to
me.

“At this point, I strongly believe that there must be an end to
this hypocrisy and lopsided/partisan rule of law. Since the Federal
Government has resolved not to comply with judicial Orders
directing my release, it is better for the Court to also absolve me
of the need to submit my self for further prosecution.

“Justice should be evenly dispensed as opposed to same being in
favour of the Federal Government of Nigeria. Kindly bring this
information to the attention of his lordship”.

FG had in the charge before the court, alleged that Dasuki was
on July 17, 2015, at his house situated at No. 13, John Khadiya
Street, Asokoro, Abuja, found to be in possession of various range
of firearms without requisite license, an offence punishable under
section 27 (1)(a) of the Firearms Act Cap F28 LFN 2004.

He was accused of retaining the sums of $40,000, N5millon and
another $20,000 in the same house and same date, contrary to
section 15 (2)(d) of Money Laundering Prohibition Act 2011.

FG further alleged that the ex-NSA had on July 16, 2015, at his
residence at Sultan Abubakar Road and Sabon Birni Road, Sokoto
State, retained another $150,000 and N37.6m being part of
proceedings of unlawful act, contrary to Section 15 (3) of the
Money Laundering Act 2011.

It listed the alleged illegal arms it found at Dasuki’s
residence in Abuja as five Tavor Assault Rifles, 1 Macro Uzi with
serial No 60244(Rifle), 20 magazines (Ammunition), 1 packet of MOD
(Ministry of Defence) APG calibre gun, Luger No 033375 ( gun),
small magazine containing 16 rounds of ammunition, and bigger
magazine containing live rounds of ammunition.

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