The Federal Government yesterday applied to the Federal High Court,
Abuja Division for a secret trial of former National Security Adviser
(NSA), Col. Sambo Mohammed Dasuki (rtd) in the criminal charges of
unlawful possession of firearms and money laundering preferred against
him.
The government also yesterday filed fresh charges against the former
NSA which now contains the alleged retention of funds which formed part
of the proceeds of an unlawful act contrary to Section 15 (2)(d) of
Money Laundering Prohibition Act 2011.
Dasuki who was escorted to the court by three former civilian
governors and a retinue of former ministers and top government
functionaries pleaded not guilty to the fresh five-count charges as
against the earlier one count charge.
He was allowed bail in the previous term by Justice Ademola Adeniyi.
However, in a motion on notice argued by the prosecution counsel, Mr.
Shuaibu Labaran, the Federal Government prayed the court to grant
secret trial of the former security chief for the security of its
witnesses billed to testify against the accused.
The application was brought to the court pursuant to Section 36(4) of
the 1999 constitution and Section 232 of the Administration of Criminal
Justice Act 2015.
Among others, the prosecution sought order to direct that the names
and address of all its witnesses should not be disclosed in any record
or report of proceedings that may be accessible to the public and that
the witnesses be permitted to use pseudo name in the course of
proceedings to grant to its witnesses access to a non-public route to
and from the court premises and courtrooms as well as to allow them to
use private witnesses room.
Apart from lawyers and accredited newsmen, the prosecution asked the
court not to allow any member of the public to witness the trial and
that the witnesses be permitted to wear facial masks while giving
evidence against the ex-NSA.
Labaran, who argued the motion, submitted that the trial will suffer a
setback because the witnesses will not testify without secret trial for
fear of reprisal from undisclosed places.
However, counsel to the accused, Mr. Joseph Daudu (SAN) prayed the
court to dismiss the application for lack of merit and being frivolous.
He told the judge that the names of the witnesses were already in the public domain at the instance of the prosecution, adding that the application was a mere academic exercise that should not be granted by the court.
He told the judge that the names of the witnesses were already in the public domain at the instance of the prosecution, adding that the application was a mere academic exercise that should not be granted by the court.
Justice Ademola will give ruling on the application on Wednesday.
The fresh charges are that the accused was on July 17, 2015, at his
house, No. 13, John Khadiya Street, Asokoro, Abuja found in possession
of various range of firearms without a requisite licence an offence
punishable under Section 27 (1)(a) of the Firearms Act Cap F28 LFN 2004.
He was also accused of retaining $40,000, N5 million and another
$20,000 in the same house and same date contrary to Section 15 (2)(d) of
Money Laundering Prohibition Act 2011.
Besides, the accused was said to have on July 16, 2015, at his
residence at Sultan Abubakar Road and Sabon Birni Road, Sokoto retained
another $150,000 and N37.6m being part of proceedings of an unlawful act
contrary to Section 15 (3) of the Money Laundering Act 2011.
Meanwhile, Dasuki, through his counsel has filed an application for
temporary release of his travelling documents from the court to enable
him to travel abroad for medical attention.
The medical checkup was said to have been over-due since July but
that he could not travel due to the seizure of his passport. The
application will be argued on Wednesday.
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