The Federal Government, on Monday, asked a Federal High Court in Abuja to revoke the bail granted the former National Security Adviser (NSA), Colonel Sambo Dasuki (rtd), standing trial over his alleged involvement in the $2 billion arms deal.
Government, in the application filed on November 20, also asked for an order committing the former NSA to prison pending his trial.
Dasuki was arraigned over criminal offences bordering on unlawful possession of firearms and money laundering, of which he pleaded not guilty to.
The trial judge, Justice Adeniyi Ademola, had ordered the release of Dasuki's international passport to enable him travel abroad for medical attention.
The judge held that in criminal trial, every suspect is presumed innocent and that every Nigerian has the right to access medication anywhere of his choice.
He ordered Dasuki to return his international passport to the Deputy Chief Registrar, Litigation of the court within 72 hours after his return from the three weeks medical trip
The court also reviewed the bail conditions earlier granted the former NSA; that he should produce a surety who will take his place should he refuse to return to the country to face his trial.
Alternatively, the judge held that any of the Senior Advocates of Nigeria (SANs) representing Dasuki can write an undertaken to produce him in court after the expiration of the three weeks grace given to him to travel abroad for treatment.
But, at the resumed hearing of the matter, on Monday, Director of Public Prosecution (DPP) and the prosecution counsel, Mohammed S. Diri, applied for an order of the court revoking Dasuki's bail and to commit him in prison pending his trial.
Diri hinged his application on seven grounds, one of which is that Dasuki is undergoing investigation by the committee set up by government to audit the procurement of arms/equipment in the armed forces and defence sector from 2007 to date and that an interim report of the committee showed that over $2 billion was allegedly embezzled and that Dasuki's presence is required to assist in further investigation
"That there is a Federal Government directive for the arrest of all those indicted by the report, including the defendant (Dasuki) and that the ongoing investigation which borders on money laundering against the defendant has not been concluded and there is fear that investigation might be tampered with on account of foreign visit by the respondent before completion of investigation," Diri stated in the application.He added also that the ailment for which permission was given to Dasuki to travel to the United Kingdom for treatment can be properly treated in the National Hospital, Abuja and other teaching hospital in Nigeria.
Another ground for prosecution's application was that there is an intelligence report that Dasuki has concluded plans to take the advantage of the court order releasing his passport to escape justice and tamper with investigations.
J.B Daudu, lead counsel to Dasuki, objected to the prosecution's application and reminded the court that Monday's business was for the the Federal Government to explain why the order of the court was violated by the operatives of the Department of State Service (DSS) by laying siege on Dasuki's house after the court had permitted him to travel abroad for three weeks for medical attention.
Daudu said the essence of the preliminary objection by the defence is to deny the Federal Government any indulgence until the order of the court is obeyed and that Dasuki's absence in court was justified as he has not violated any of his bail conditions.
Disturbed by Dasuki's continous absence in court when the case against him was being heard, Diri had earlier asked the court to order that Dasuki be present in court anytime the case against him will be heard.
Justice Ademola therefore adjourned till November 26 to rule on the applications
Tribune.
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