FORMER NATIONAL SECURITY ADVISER OBJECTS TO SECRET TRAIL.

Justice Ademola Adeniyi of the Federal High Court
Six, sitting in Abuja on Monday expressed surprise
at the decision of prosecution counsel to bring
additional charges against immediate past
National Security Adviser (NSA) Col. Sambo Dasuki
(rtd) on a day set aside for definite hearing on the
one count charge preferred against him.
On September 1 this year, prosecution counsel,
Mohammed Diri, had told the court that Dasuki
was charged with the unlawful possession of
firearms, which Dasuki pleaded not guilty.
Justice Ademola then granted Mr. Dasuki bail on
self-recognition but ordered that his passport and
other travel documents be deposited with the
deputy court registrar while the case was
adjourned to October 26 and 27 for the hearing.
When the court sat today (Monday) however, M.S.
Labaran, appearing for the prosecution
announced instead that the one count charge was
now being expanded to include additional charges
bothering on illegal possession of various
amounts of local and foreign currency in his Abuja
residence and family house in Sokoto contrary to
Money Laundering Prohibition Act 2011.
He also requested that the trial be conducted in
secrecy by providing special cover for witnesses
from using public routes, use of private witness
room, use of facial masks, and also that only
accredited members of the press be allowed to
cover the trial.
Surprised with the wave of new motions, Justice
Ademola asked Labaran if he was aware that
Monday October 26 and Tuesday October 27, 2015
were clearly set for definite hearing of the case.
In a counter motion, one of the counsels to
Dasuki and former President of the Nigeria Bar
Association, (NBA) Mr. Joseph Daudu objected to
the request for special cover for prosecution
witnesses in the case on the ground that the case
was harmless within a democratic setting that did
not warrant secret trial.
Daudu said that even during military rule, trial of
that nature was held openly.
He insisted that in a democratic era, the
entrenchment of rule of law will be the greatest
casualty if trial of that nature was made in secret.
“In a criminal trial, the ability of defence counsel
to confront the prosecution witness is pivotal,” he
told the court, adding that “if the defence counsel
is not allowed to have a direct confrontation with
the prosecution witnesses and interrogate the
witness as per his background and the like, it will
weaken the strength of the defence.”
He said: “We consider the trial as harmless to the
witnesses. If you make the witnesses anonymous
then we may lack the ability to conduct
background checks. Even in trial of treasonable
felony and coup de’tat, the witnesses are not
hidden and we are in a democracy.
“Also, there has not been cases in this court
where witnesses are being molested and in this
cases it will be a case of injustice if the defence
counsel and witnesses are known and the
prosecution witnesses who are armed and can
protect themselves are shielded. I think all the
motions and counter-affidavit have been ex-
changed and this is purely an academic exercise.”
Daudu also asked the court to release the travel
documents of the accused to him so that he
would be able to travel abroad for medical check-
up.
According to him, Dasuki was billed to travel a
day before his arrest for medical treatment but
the arrest and trial had so far prevented him from
doing so.
Labaran, who appeared for the prosecution,
therefore, requested for adjournment to enable
him react to the motion for release of Dasuki’s
travel documents.
Justice Ademola then
adjourned the case to
Wednesday, October 28,
2015 for ruling on prosecution’s request for secret
trial and Dasuki’s request for his travel documents
to be released.