Counsel
to ex National Security Adviser, Col. Sambo Dasuki, Mr. Joseph Daudu,
today objected to the request for special cover for prosecution
witnesses in the case on the ground that the case was harmless within a
democratic setting that did not warrant secret trial.
Justice Ademola Adeniyi presided at Federal High Court 6, in Abuja.
He insisted that in a
democratic era, the entrenchment of rule of law will be the greatest
casualty if trial of that nature was made in secret.
“In a criminal trial,
the ability of defence counsel to confront the prosecution witness is
pivotal,” he told the court, adding that “if the defence counsel is not
allowed to have a direct confrontation with the prosecution witnesses
and interrogate the witness as per his background and the like, it will
weaken the strength of the defence.”
He said: “We consider
the trial as harmless to the witnesses. If you make the witnesses
anonymous then we may lack the ability to conduct background checks.
Even in trial of treasonable felony and coup de’tat, the witnesses are
not hidden and we are in a democracy.
“Also, there has not
been cases in this court where witnesses are being molested and in this
cases it will be a case of injustice if the defence counsel and
witnesses are known and the prosecution witnesses who are armed and can
protect themselves are shielded. I think all the motions and
counter-affidavit have been ex-changed and this is purely an academic
exercise.”
Daudu also asked the
court to release the travel documents of the accused to him so that he
would be able to travel abroad for medical check-up.
According to him,
Dasuki was billed to travel a day before his arrest for medical
treatment but the arrest and trial had so far prevented him from doing
so.
Labaran, who appeared
for the prosecution, therefore, requested for adjournment to enable him
react to the motion for release of Dasuki’s travel documents.
Justice Adeniyi
expressed surprise at the decision of prosecution counsel to bring
additional charges against immediate past National Security Adviser
(NSA) Col. Sambo Dasuki (rtd) on a day set aside for definite hearing on
the one count charge preferred against him.
On September 1 this
year, prosecution counsel, Mohammed Diri, had told the court that Dasuki
was charged with the unlawful possession of firearms, which Dasuki
pleaded not guilty.
Justice Ademola then
granted Mr. Dasuki bail on self-recognition but ordered that his
passport and other travel documents be deposited with the deputy court
registrar while the case was adjourned to October 26 and 27 for the
hearing.
When the court sat
today (Monday) however, M.S. Labaran, appearing for the prosecution
announced instead that the one count charge was now being expanded to
include additional charges bothering on illegal possession of various
amounts of local and foreign currency in his Abuja residence and family
house in Sokoto contrary to Money Laundering Prohibition Act 2011.
He also requested that
the trial be conducted in secrecy by providing special cover for
witnesses from using public routes, use of private witness room, use of
facial masks, and also that only accredited members of the press be
allowed to cover the trial.
Surprised with the
wave of new motions, Justice Ademola asked Labaran if he was aware that
Monday October 26 and Tuesday October 27, 2015 were clearly set for
definite hearing of the case.
Justice Ademola then
adjourned the case to Wednesday, October 28, 2015 for ruling on
prosecution’s request for secret trial and Dasuki’s request for his
travel documents to be released.
(c) Pointblank News
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