The Federal Government today lost its bid at the Federal High Court Abuja to conduct secret trial of former National Security Adviser, Colonel Sambo Dasuki (Rtd) who s facing charges of unlawful possession of firearm and money laundering.
Delivering the ruling, Justice Adeniyi Ademola stated that there was no point for the witnesses in the case to wear masks and bear pseudo names or addresses to facilitate their protection, since the government in its charges had already made available to the public, the names and
addresses of 11 witnesses expected to testify against Dasuki.
He further added that there was no basis for any hide and seek game in the trial.
The government had requested that only the lawyers involved in the trial and accredited journalists be allowed during Dasuki's trial.
Rejecting the plea however, Justice Ademola further said the charges against Dasuki were not terrorism related and there was no information that the life of any of the witnesses billed to be called was being threatened by anybody.
The Court held that although, it has the discretion to look into such issues of protection of witnesses in a criminal matter, such discretion must be judicially and judiciously used only in cases where threat to life has been established by the prosecution.
Since the government failed to establish any fact that the lives of its witnesses were being threatened, no court of law would accede to such requests without established reason he said.
The court, upholding an earlier ruling also ordered that the Federal Government and the Department of States Security Service (DSS) henceforth allow Dasuki have access to his lawyers and family members in the interest of justice and the rule of law, following complaints by Dasuki's lawyer, Mr. Ahmed Raji SAN that his client was being held incommunicado since December 2015.
The judge who was not pleased hearing the complaint gave a ruling, ordering that Tuesdays and Thursdays be set aside for Dasuki to have free access to his lawyers and family members for at least two hours.
The court further ordered that the meeting between Dasuki and his lawyers or family members be held in the Interview Room of DSS Headquarters and the Federal High Court premises in Abuja unhindered.
In the order, the judge granted the defendant access to four lawyers and two members of the family on the dates and venue chosen by the court.
Justice Ademola after issuing the order, which he said must be complied with by the Federal Government adjourned the case to May 18th, 2016 at the instance of lawyers in the matters.
In another development, the Judge also refused to discharge Dasuki or prohibit the federal government from prosecuting him on the ground of the refusal to allow him enjoy the bail granted him.
Justice Ademola said that Dasuki ought to have filed contempt charges against the Federal government for the disobedience to lawful court orders made last year admitting him to bail and permitting him to go abroad for his medical check-up.
The court said that since due process was not followed by a way of contempt charge, there was no way the court would have discharged the defendant and prohibit his trial by the Federal government.
According to Dasuki's counsel, Ahmed Raji, his team could not prepare adequate defense because the DSS had rebuffed all efforts to see the former NSA.
Delivering the ruling, Justice Adeniyi Ademola stated that there was no point for the witnesses in the case to wear masks and bear pseudo names or addresses to facilitate their protection, since the government in its charges had already made available to the public, the names and
addresses of 11 witnesses expected to testify against Dasuki.
He further added that there was no basis for any hide and seek game in the trial.
The government had requested that only the lawyers involved in the trial and accredited journalists be allowed during Dasuki's trial.
Rejecting the plea however, Justice Ademola further said the charges against Dasuki were not terrorism related and there was no information that the life of any of the witnesses billed to be called was being threatened by anybody.
The Court held that although, it has the discretion to look into such issues of protection of witnesses in a criminal matter, such discretion must be judicially and judiciously used only in cases where threat to life has been established by the prosecution.
Since the government failed to establish any fact that the lives of its witnesses were being threatened, no court of law would accede to such requests without established reason he said.
The court, upholding an earlier ruling also ordered that the Federal Government and the Department of States Security Service (DSS) henceforth allow Dasuki have access to his lawyers and family members in the interest of justice and the rule of law, following complaints by Dasuki's lawyer, Mr. Ahmed Raji SAN that his client was being held incommunicado since December 2015.
The judge who was not pleased hearing the complaint gave a ruling, ordering that Tuesdays and Thursdays be set aside for Dasuki to have free access to his lawyers and family members for at least two hours.
The court further ordered that the meeting between Dasuki and his lawyers or family members be held in the Interview Room of DSS Headquarters and the Federal High Court premises in Abuja unhindered.
In the order, the judge granted the defendant access to four lawyers and two members of the family on the dates and venue chosen by the court.
Justice Ademola after issuing the order, which he said must be complied with by the Federal Government adjourned the case to May 18th, 2016 at the instance of lawyers in the matters.
In another development, the Judge also refused to discharge Dasuki or prohibit the federal government from prosecuting him on the ground of the refusal to allow him enjoy the bail granted him.
Justice Ademola said that Dasuki ought to have filed contempt charges against the Federal government for the disobedience to lawful court orders made last year admitting him to bail and permitting him to go abroad for his medical check-up.
The court said that since due process was not followed by a way of contempt charge, there was no way the court would have discharged the defendant and prohibit his trial by the Federal government.
According to Dasuki's counsel, Ahmed Raji, his team could not prepare adequate defense because the DSS had rebuffed all efforts to see the former NSA.
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