The embattled former National Security Adviser, NSA, Col. Sambo Dasuki (retd), yesterday, applied for a consolidation of charges the Federal Government filed against him over alleged diversion of funds meant for procurement of arms. Dasuki, through his counsel, Mr. Joseph Daudu, SAN, filed the motion on a day one of the charges came up before trial judge, Justice Hussein Baba-Yusuf of an Abuja High Court sitting at Maitama.
He is facing 19-count charge before Justice Baba-Yusuf. The Economic and Financial Crimes Commission, EFCC, alleged that Dasuki diverted over N32billion from accounts the office of the NSA operated with both the Central Bank of Nigeria and other financial institutions.
The funds were allegedly distributed to delegates that attended the Presidential Primary Election the Peoples Democratic Party, PDP, held in Abuja, a process that saw the emergence of former President Goodluck Jonathan as the sole candidate of the party. Those also on trial over the alleged fraud are the erstwhile Director of Finance in the Office of the NSA, Mr. Shuaibu Salisu and a former Executive Director of the Nigerian National Petroleum Corporation, NNPC, Aminu Baba-Kusa.
Two firms through which the fund was diverted- Acacia Holding Limited and Reliance Referal Hospital Limited, were also joined as defendants in the matter. Meanwhile, at the resumed sitting yesterday, Dasuki who is also answering to another 22-count charge bordering on alleged N19.4billion before the same high court, applied for consolidation of the two cases which he said revolves around the same subject matter.
Aside the two cases, Dasuki who has been in detention since November 3, 2015, is also facing a five-count charge before the Abuja Division of the Federal High Court bordering on money laundering and his alleged illegal possession of fire arms.
His lead counsel Daudu, SAN, insisted yesterday that “It is unconstitutional to try the defendant over a similar matter before two different FCT High Courts.” However, EFCC, through its counsel Mr. Rotimi Jacobs, SAN, vehemently opposed the application which it described as a deliberate ploy by the ex-NSA to stall his trial.
Placing reliance on section 396(1) and (2) of the Administration of Criminal Justice Act, 2015, Jacobs urged the court to suspend hearing on the motion till the end of the trial. “There are other parties in the other suit that are put on notice. Those parties have not shown up (in court today) or served the motion.
In fact, there is no date on the motion indicating when the other parties in the other suit should appear before your Lordship, even if they have been served. Their absence is understandable. Jacobs, who noted that Daudu had also raised issue over the validity of the charge before the court, added that “the defendant has filed three objections with the intention to stall the trial and frustrate the day-to- day trial of the case.
“After the court ordered at the last adjourned date that the first defendant be brought to court to brief his counsel, his counsel insisted that he was not going to have any meeting with his client, thereby showing that he is not interested in the commencement of the trial. “Though counsel to the first defendant is asking that the charges be consolidated, each matter will still retain its separate identity. “The prayer is self-defeating. Besides, the second file is not before this court.
So, they should apply to the Chief Judge to transfer the other matter to this court. Or will my Lord decide on a matter that is not before him? “My Lord, I urge you to compel us to proceed with this trial. Enough of time wasting tactics by the first defendant”, he added.
Even though Justice Baba-Yusuf expressed his displeasure that the application stalled hearing on the matter yesterday, he eventually adjourned it for hearing on June 15.
(Vanguard)
