For the third
time, the federal government has been ordered to allow the detained
former national security adviser, Colonel Muhammad Sambo Dasuki to have
unhindered access his lawyers for consultation and briefing in order to
allow him prepared adequately for his trial.
The court also granted one-month
permission to former governor of Sokoto State, Alhaji Attahiru Bafarawa
who is standing trial along with Dasuki to go to Mecca in Saudi Arabia
to perform the Lesser Hajj.
In the latest order an Abuja High court
ordered that Dasuki must be released to his team of lawyers for 8
working days to take briefing from him and prepare for the trial in the
criminal charges filed against him by the federal government.
Justice Peter Affen who issued the order
in Abuja on Wednesday, May 25, 2016 directed that the operatives of the
Department State Security Service (DSS) who had been detaining the
ex-NSA since December last year after being granted bail by three
courts, must bring him to his lawyers within the premises of the FCT
judiciary headquarters.
It would be recalled that similar orders
had been made by Justice Adeniyi Ademola of a federal high court as
well as Justice Baba Yusuf of an Abuja High Court for the same purposes
due to complaints of denial of access to lawyers by Dasuki even after
all of them had granted bails.
The security agents are by the fresh
order to make Dasuki available to his legal team being led by Mr. Joseph
Daudu, SAN as from June 13, to June 22, 2016.
The briefing which must be confidential will hold in the appointed days between 9am to 4pm every day.
Ruling in an application by Dasuki, in
which he complained that he has been denied access to his lawyers in
spite of the charges filed against him, Justice Peter Affen said that it
is in the interest of justice that the defendant must be allowed to
have access to the lawyers of his choice as required by law and in the
interest of fair trial.
The judge noted with joy that the
lawyers in the matter consented that the ex-NSA deserved to be made
available to his legal team for the purpose of making adequate
preparation for his defence in the criminal matter.
The federal government’s counsel, Mr.
Rotimi Jacob, SAN, had vehemently objected to the request of Dasuki for
access to his lawyers.
The counsel claimed that there was no
evidence before the court that Dasuki’s lawyers made any attempt to
visit the headquarters of the DSS to take briefing from their clients,
adding that the request was a ploy to delay the trial. Jacobs prayed the
court not to indulge the defendant in the request as doing so would
further delay the trial.
However, Justice Affen disagreed with
him in the ruling, adding that it is in the interest of fair trial and
constitutional matter that an accused person must be allowed unfettered
access to the legal practitioners of his choice in other to prepare his
defence.
The judge said that in the instance
case, the defendant who is being detained by the DSS on behalf of the
federal government had made it clear that he was being denied access to
his already chosen legal practitioners and asked the prosecution to in
the interest of justice comply with the new order on accessibility to
the counsel by Dasuki.
Meanwhile, former Sokoto State governor,
Attahiru Bafarawa who is standing trial along with Dasuki had been
granted permission by the court to travel for lesser Hajj in Saudi
Arabia to perform this year lesser Hajj otherwise known as Umra.
Justice Affen granted the permission
following a motion to that effect by Dasuki’s lawyer, Prince Latif
Fagbemi SAN and which was not opposed by the protection counsel.
The judge ordered the travel document be
released to Bafarawa by the registrar of the court while the applicant
was granted permission to perform the Lesser Hajj between June 5 to July
5 this year.
Justice Affen then adjourned the matter
till July 14 and 15, 2016 for definite trial at the instance of counsels
in the matter adding that he would not take any excuse from any of the
parties in the matter.
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