Col Dasuki is currently facing trial over his role in the $2.1bn arms scandal in which money voted to purchase hardware for the military to fight Boko Haram found its way into private pockets. Along with several politicians and serving and retired generals and officers, Col Dasuki has been arrested and charged to court by the Economic and Financial crimes Commission (EFCC).
However, Col Dasuki has faulted the process saying that he needs to have free access to his lawyers to enable him defend himself and clear the allegations against him. Apart from corruption, he is also being charged with the unlawful possession of fire arms and the former national security adviser has complained that the process is not transparent as he is not being granted a fair trial.
Besides, Col Dasuki added that the federal government no longer had any moral and legal rights to continue his trial, having disobeyed the order of bail granted him since November 3, last year. His lawyer Joseph Daudu, stated that the government was in contempt of the court in relation to the charges filed against Col Dasuki by not honouring a judgement to release him on bail.
According to Mr Daudu, since November 3, 2015, when his client was re-arrested by operatives of the Department of State Services, even after perfecting the bail conditions, he has been held in custody without trial with no reasons given. Mr Daudu insisted that the order that admitted Col Dasuki to bail remained valid, having not been reviewed or set aside by the court and as such, must be obeyed in the interest of justice.
Mr Daudu claimed that his client could not be lawfully prosecuted by the government because his right to prepare adequately for his defence, as enshrined in the bail and the constitution, had been violated, having been kept away from his lawyers. He also stated that Section 36 of the 1999 constitution presumed his client innocent until guilt had been established against him.
He noted that for now, the provision of the law had been turned upside down by his re-arrest without trial since last year. He, therefore, urged the court to prohibit the trial of Dasuki until government did the needful.
Mr Daudu said: “We must state here that since his re-arrest at the Kuje Prison after perfecting his bail condition, we have not been allowed access to him. We are at the crossroads and only the court can right the wrong in this matter so that the defendant will have time and facilities to defend himself.
“Investors are watching the court and the situation, especially where the government is choosing to disobey a lawful court. Absolute power corrupts absolutely and we must not send a wrong signal to the outside world that we have no regard for the rule of law.”
However, in his opposition to the application, Dipo Okpeseyi, the counsel to the federal government, urged the court not to grant the application because its purpose was to frustrate the trial and restrain the power to prosecute a criminal charge. Mr Okpeseyi claimed that the bail granted the defendant did not prohibit his re-arrest in connection with any other matter.
In addition, Mr Okpeseyi also claimed that no material was placed before the court to show that the government violated the bail order and that there was also no evidence that the government was preventing Col Dasuki from defending himself. Mr Okpeseyi argued that merely looking at Col Dasuki was an indication that he looked clean, fresh and well-catered for in the custody.
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