TheCable

A federal high court in Abuja has dismissed the application of the federal government seeking to compel the presence of Sambo Dasuki, former national security adviser (NSA), court throughout his trial.

Mohammed Diri, Director of the Public Prosecution of the Federation (DPPF), who filed the application argued that Dasuki was wrong in law by staying away from court for three consecutive times the case against him came up in court.

Citing section 266 of the administration of criminal justice act 2015, Diri argued that it was mandatory for Dasuki to be present in court at all times.

But delivering ruling in the application, Adeniyi Ademola, the presiding judge, dismissed the argument for being “frivolous, unwarranted and lacking in merit”.

He agreed with Joseph Daudu, Dasuki’s counsel, that the law was “turned upside down by the federal government counsel for no just cause”.

Ademola held that the law was so clear that the presence of an accused person can be dispensed with in court during interlocutory applications.

He agreed that since only interlocutory applications were being argued in court presently, the presence of Dasuki was not mandatory in court for now.

The former NSA had filed an application before the judge to permit his absence in court in view of the alleged threat to his life in the hands of operatives of the federal government security agents who have laid siege on his Abuja residence for more than three weeks.

The Department of State Security (DSS) prevented him from traveling for medical treatment.