Standu9ja - N19bn armsgate: Court Affirms Dasuki’s Bail, adjourns Trial to February 24, 2016
An Abuja High Court has again
reaffirmed the bail granted former National Security Adviseer, Colonel
Sambi Dasuki and five others in the arm deal trial involving $2.1bn.
Justice Baba Yusuf reaffirmed the bail on Dasuki on the ground that he was entitled to it and having being admitted to same since 2015 when the federal government brought criminal charges against him.
The Economic and Financial Crimes Commission (EFCC) had earlier today re-arraigned the former National Security Adviser (NSA), former Governor of Sokoto, Attahiru Bafarawa and four others over diversion over N19 billion.
Dasuki and Bafarawa were re-arraigned before Justice Husseini Baba-Yusuf of an FCT High Court alongside former Minister of State for Finance, Bashir Yuguda, former Director of Finance at the Office of NSA, Shuaibu Salisu, son of Bafarawa, Sagir Attahiru and the Bafarawas' firm, Dalhatu Investment Limited.
The EFCC in the 22-count charge accused the six defendants of diverting over N19 billion belonging to the Federal Government of Nigeria from the accounts of the Office of the National Security Adviser (ONSA) and the Federal Account Allocation Committee (FAAC). They pleaded not guilty to all the counts.
Thereafter, prosecution counsel, Rotimi Jacobs (SAN) urged the court to allow the trial to go ahead from tomorrow in line with the provision of Section 396 of the Administration of Criminal Justice Act (ACJA) which held that upon arraignment, trial shall continue on a day-to-day basis. The defence counsel had suggested March 13th for commencement of trial.
"Because of the illegality of the suggestion, I urge your Lordship not to give 13th of March", Jacobs said.
However counsel to Dasuki, Ahmed Raji (SAN) objected to the application citing that the date is not convenient because the second case involving Dasuki before the same court had earlier been fixed for same date (January 25th).
Bafarawa's counsel, Lateef Fagbemi (SAN) urged the court not to, because of the day-to-day provision in the ACJA, disregard Section 36 of the Constitution that provided for fair hearing.
Counsels to all the defendants also applied for the bail conditions granted to the defendants before Justice Peter Affen when they were earlier arraigned to continue.
Jacobs, in objecting to the bail application of Dasuki, submitted that since there was no record to show that Dasuki has for one day enjoy any bail condition, but has always been in the custody of the Department of State Services (DSS), "the court should not act in vain".
Dasuki's counsel told the court that the fact that the DSS has decided to continue to keep Dasuki in custody against the ruling of the court and that of the ECOWAS court should never be used as a basis for the court not to reaffirm the bail terms.
He said his continuous detention is "extraneous".
The court further held that March 13th is too far for the commencement of trial and adjourned the matter to February 24th for trial to commence.
Justice Baba Yusuf reaffirmed the bail on Dasuki on the ground that he was entitled to it and having being admitted to same since 2015 when the federal government brought criminal charges against him.
The Economic and Financial Crimes Commission (EFCC) had earlier today re-arraigned the former National Security Adviser (NSA), former Governor of Sokoto, Attahiru Bafarawa and four others over diversion over N19 billion.
Dasuki and Bafarawa were re-arraigned before Justice Husseini Baba-Yusuf of an FCT High Court alongside former Minister of State for Finance, Bashir Yuguda, former Director of Finance at the Office of NSA, Shuaibu Salisu, son of Bafarawa, Sagir Attahiru and the Bafarawas' firm, Dalhatu Investment Limited.
The EFCC in the 22-count charge accused the six defendants of diverting over N19 billion belonging to the Federal Government of Nigeria from the accounts of the Office of the National Security Adviser (ONSA) and the Federal Account Allocation Committee (FAAC). They pleaded not guilty to all the counts.
Thereafter, prosecution counsel, Rotimi Jacobs (SAN) urged the court to allow the trial to go ahead from tomorrow in line with the provision of Section 396 of the Administration of Criminal Justice Act (ACJA) which held that upon arraignment, trial shall continue on a day-to-day basis. The defence counsel had suggested March 13th for commencement of trial.
"Because of the illegality of the suggestion, I urge your Lordship not to give 13th of March", Jacobs said.
However counsel to Dasuki, Ahmed Raji (SAN) objected to the application citing that the date is not convenient because the second case involving Dasuki before the same court had earlier been fixed for same date (January 25th).
Bafarawa's counsel, Lateef Fagbemi (SAN) urged the court not to, because of the day-to-day provision in the ACJA, disregard Section 36 of the Constitution that provided for fair hearing.
Counsels to all the defendants also applied for the bail conditions granted to the defendants before Justice Peter Affen when they were earlier arraigned to continue.
Jacobs, in objecting to the bail application of Dasuki, submitted that since there was no record to show that Dasuki has for one day enjoy any bail condition, but has always been in the custody of the Department of State Services (DSS), "the court should not act in vain".
Dasuki's counsel told the court that the fact that the DSS has decided to continue to keep Dasuki in custody against the ruling of the court and that of the ECOWAS court should never be used as a basis for the court not to reaffirm the bail terms.
He said his continuous detention is "extraneous".
The court further held that March 13th is too far for the commencement of trial and adjourned the matter to February 24th for trial to commence.
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