- A Federal High court on Wednesday, November 15, dismissed the suit filed by the former National Security Adviser (NSA) Col. Sambo Dasuki (retd)
- Justice Ahmed Mohammed in his ruling held that Dasuki’s application was misconceived and lacked merit
The Federal High Court in Abuja has dismissed a motion by the former National Security Adviser (NSA) Col. Sambo Dasuki (retd), seeking an order to suspend and adjourn indefinitely his trial on charges of illegal possession of firearms and money laundering.
NAIJ.com gathered that Justice Ahmed Mohammed in his ruling on Wednesday, November 15, held that Dasuki’s application, founded on a non-existing reference of a question of law to the Court of Appeal for determination and with a likely effect of staying the proceedings in the trial, was misconceived and lacked merit.
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Ahmed Raji (SAN), who serves as Dasuki's counsel had at the hearing of his client’s motion on October 17, asked the court to adjourn the trial indefinitely pending the hearing and determination of the ex-NSA’s motion for stay of proceedings filed before the Court of Appeal, Abuja.
Raji argued that his client’s motion was not seeking an order of stay of proceedings, which had been barred by Section 306 of the Administration of Criminal Justice Act 2015, but said that the application was filed under the provision of Section 305 of the ACJA, which, allowed the court to adjourn a trial after a constitutional question arising from the trial had been referred to a higher court for determination.
Dasuki's counsel further argued that his client’s appeal, against the ruling delivered by Justice Mohammed on June 15, 2017, permitting the prosecution’s witnesses to testify behind screen, was a form of reference of a constitutional question to the Court of Appeal.
The former NSA's lawyer noted that his client had filed before the Court of Appeal, a motion for stay of proceedings of the trial.
He said that once such motion was pending before a higher court, “the lower court is to tarry awhile to await the decisions of the higher court on the pending motion.”
NAIJ.com previously reported that the former national security adviser, Sambo Dasuki, on Friday, November 3, said all his of the Peoples Democratic Party (PDP), Olisa Metuh, were done legally.
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Speaking before Justice Okon Abang of the Federal High Court in Abuja, Dasuki testifying under evidence in chief said, he did not commit any illegal transaction with Metuh.
He said every payment made to Metuh or his company passed through due process.
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Source: Naija.ng
ROSY CREST
Wednesday 15 November 2017