TheCable

Sambo Dasuki, former national security adviser (NSA), on Monday objected to a motion before Ademola Adeniyi, justice of the federal high court, Abuja, seeking to make his trial “secret”.

The Department of State Services (DSS) had filed a one-count charge of alleged illegal possession firearms against the former NSA. But on Monday five additional charges, including alleged money laundry, were brought against him.

At the beginning of hearing, MS Labaran, holding brief for the prosecuting counsel, announced the additional charges to include “illegal possession of various amounts of local and foreign currency in Dasuki’s Abuja residence, and family house in Sokoto, contrary to money laundering prohibition Act 2011”.

He requested that the trial should be conducted in secret, arguing that special cover be provided for witnesses – use of private witness room, use of facial masks – and also that only accredited journalists should be allowed to cover the trial.

In a counter motion, Dasuki’s counsel, Joseph Daodu, objected to the request for special cover for prosecution witnesses on the grounds that the case was harmless.

He argued that even during military rule, a trial of that nature was held openly. He insisted that in a democratic era, the entrenchment of rule of law would be the greatest casualty if the trial was in secret.

“In a criminal trial, the ability of defence counsel to confront the prosecution witness is pivotal, because 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 likes, it will weaken the strength of the defence,” Daodu argued.

“After all, the identity of the witnesses, which the prosecution sought to hide, is already in the public domain. Therefore the prosecution seems to be urging the court to embark on mere academic exercise.

“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 d’etat, the witnesses are not hidden and we are in a democracy.

“Also, for the fact that there have not been cases in this court where witnesses are being molested, and in these 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 charged and this is purely an academic exercise.”

Daodu also prayed the court to release the travel documents of the accused person to him so that he could 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 prevented him from doing so.

Labaran, on the other hand, asked for an adjournment so that he could react to the motion for release of Dasuki’s travel documents.

Ademola then adjourned the case to Wednesday for ruling on the  prosecution’s request for a secret trial, and Dasuki’s request for his travel documents to be released to him.