The judge held that the deponent of the affidavit, being a legal practitioner, was not under legal obligation to affix NBA’s seal to the document since he could be regarded as a witness that merely gave information that was within his personal knowledge.
The Federal High Court sitting in Abuja yesterday gave its nod to the application filed by the Federal Government seeking to try the detained former National Security Adviser (NSA), Col. Sambo Dasuki (rtd), who is facing money laundering and illegal possession of firearms charges, in absentia.
The trial judge, Justice Ahmed Mohammed, endorsed Dasuki to be tried in his absence, following an application by the Federal Government filed through the Federal Ministry of Justice.
Consequently, the prosecution counsel, 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 counsel, Victor Okwudiri, opposed the application, he was overruled by the trial judge.
Okwudiri had insisted that the affidavit filed by FG 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.
However, while dismissing the objection by Dasuki’s counsel, Justice Mohammed noted that the court had, on April 10 and November 13, directed the Federal Government 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’s 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 held that it was unnecessary to compel Dasuki to appear since the law made provision for his trial to continue in his absence. “The reason for the defendant’s refusal to appear in court has nothing to do with the case at hand.
This court has not denied the defendant any of his rights,” the judge held. He further held that the defence counsel 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 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. Dasuki had, on November 13, refused to appear for his trial, though he transmitted a letter to the court, accusing President Muhammadu Buhari of high-handedness.