Court adjourns hearing on Dasuki's application to stop trial
Fri Jan 22, 2016 03:44:pm National
5.7K By sosa hills
The Federal Capital Territory High Court in Maitama, Abuja has again adjourned the trial of the immediate past National Security Adviser, NSA, Col. Sambo Dasuki (retd), this time until the 4th of next month for the hearing of the ex-NSA's application for stay of proceedings.
Dasuki had reportedly filed an application for stay of proceedings on the grounds that the prosecution was in contempt of court by disobeying an order granting the ex-NSA bail.
Dasuki's lawyer, Mr. Joseph Daudu, SAN, reiterated the essence of the application which he said bordered on the integrity of the court and the ability of the former NSA to prepare adequately for his defence in the trial.
The counsel to the EFCC, Rotimi Jacobs, told Justice Yusuf on Friday that an application had earlier been made by Mr. Dasuki through his clients for stay of proceedings in court.
He said his client was of the view that the application should be refused. He noted that the Administration of Criminal Justice Act stipulates that such cases be heard daily, and argued that while the judge could hear a motion from the defendants, as the case progresses, a prayer for stay of proceedings should not be allowed.
Mr. Dasuki's counsel, Joseph Daudu, countered that the details in the said application should be strongly evaluated, as it contained an abuse of the rules of court. Dauda said he had been unable to reach his client since he was rearrested by the Economic and Financial Crimes Commission, EFCC.
He was only able to see his client after a long time, after a court order on Thursday demanded that Mr. Dasuki be produced in court. The counsels to the second, third, fourth defendants also said they had neither been served with the said application, nor with the counter affidavit, from the prosecution.
Justice Yusuf, therefore ruled that the matter could not be heard yet.
"Having heard all parties, I can say with all sense of notice that the matter cannot be heard today," he noted.
He said it was important to allow Mr. Dasuki go through the counter-affidavit and make his responses to the issues raised and directed that counsels to the other defendants be served with the motion on notice, as well as the counter affidavits, before the next date of hearing.
Dasuki had reportedly filed an application for stay of proceedings on the grounds that the prosecution was in contempt of court by disobeying an order granting the ex-NSA bail.
Dasuki's lawyer, Mr. Joseph Daudu, SAN, reiterated the essence of the application which he said bordered on the integrity of the court and the ability of the former NSA to prepare adequately for his defence in the trial.
The counsel to the EFCC, Rotimi Jacobs, told Justice Yusuf on Friday that an application had earlier been made by Mr. Dasuki through his clients for stay of proceedings in court.
He said his client was of the view that the application should be refused. He noted that the Administration of Criminal Justice Act stipulates that such cases be heard daily, and argued that while the judge could hear a motion from the defendants, as the case progresses, a prayer for stay of proceedings should not be allowed.
Mr. Dasuki's counsel, Joseph Daudu, countered that the details in the said application should be strongly evaluated, as it contained an abuse of the rules of court. Dauda said he had been unable to reach his client since he was rearrested by the Economic and Financial Crimes Commission, EFCC.
He was only able to see his client after a long time, after a court order on Thursday demanded that Mr. Dasuki be produced in court. The counsels to the second, third, fourth defendants also said they had neither been served with the said application, nor with the counter affidavit, from the prosecution.
Justice Yusuf, therefore ruled that the matter could not be heard yet.
"Having heard all parties, I can say with all sense of notice that the matter cannot be heard today," he noted.
He said it was important to allow Mr. Dasuki go through the counter-affidavit and make his responses to the issues raised and directed that counsels to the other defendants be served with the motion on notice, as well as the counter affidavits, before the next date of hearing.
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