Former National Security Adviser, Col. Sambo Dasuki (rtd) has challenged the audacity of the federal government to put him on trial on the alleged mismanagement of fund meant for purchase of arms.
He told an Abuja High Court Friday that government has no moral and legal rights now to prosecute him having been in contempt of three high courts that admitted him on bail but which were not obeyed.
When the matter came up today, defense counsel, Joseph Daudu SAN brought an “unless application” challenging the disobedience of the Federal Government to the earlier bail granted Dasuki.
Daudu submitted that the Federal Government cannot go ahead with the trial, having disobeyed an order of court which granted bail to the accused person.
He added that a party who disobeyed the order of the court cannot come back to the same court with a request or indulgence.
In the application, Dasuki is praying for an order of court prohibiting the Federal Government from further prosecuting him on the N19 billion alleged fraud or any other charge or seeking any form of indulgence before any court in the country, until the order admitting him to bail is obeyed.
He also wants an order discharging him of all the offenses contained in the charge on ground that the charge cannot not lawfully prosecuted by a government that is in brazen disobedient of a lawful court order.
Alternatively, the ex NSA prays for an order staying further proceedings in the charge until he has exhausted the remedies available to him in law for the enforcement of his right to liberty as preserved by the bail order granted him.
However, Prosecuting counsel, Rotimi Jacobs SAN noted the defense is employing a delay tactic in order to stall the trial.
In their own submissions, counsel to the 2nd and 3rd defendants, Chief Akin Olujinmi SAN and Solomon Umor told the court that they were just served in court the processes filed by Dasuki and government and that they need time to study it.
They however prayed the court for an adjournment.
Justice Hussain Baba Yusuf consequently adjourned the case till February 4.
Other accused persons are former Director of Finanance and Administration in the Office of the NSA, Shuaibu Salisu, and a former Director of the Nigerian National Petroleum Corporation, Aminu Baba-Kusa, were present in court.