Failure To Show Up In Court: Judge Orders Trial Of Dasuk In Absentia

Justice Ahmed Rahmat Mohammed has ordered the former National Security Adviser, Col Sambo Dasuki be prosecuted in absentia by the Federal Government following his resolve not to appear in court for further proceedings.

The judge invoked section 352 (4) of the Administration of Criminal Justice Act (ACJA) to issue the order at the resumed trial in Abuja in which Dasuki was absent in court.

At the hearing today, Monday, counsel to the Federal Government, Dipo Opeseyi had filed an affidavit dated November 19, and attached with it a letter of November 12 written to the court by Dasuki that he would no longer attend trial in court in protest over the disobedience of the Federal Government to several court judgment which ordered his release from unlawful detention since December 2015.

In the affidavit deposed by a lawyer Abimbola Akintola, the Federal Government pleaded for the trial of Dasuki in absentia and in the alternative for the court to compel his presence before the court.

Opeseyi, while adopting the affidavit claimed that it was filed in compliance with the order of the court plead on April 10, 2018 to effect that whenever the Ex-NSA chooses not to be in court, the prosecution must depose to an affidavit to the effect.

The Senior counsel submitted that with Dasuki’s letter addressing to the Registrar of the court which was tendered before the court, it is clear that the ex-NSA has made up his mind not to attend the trial in the charges of unlawful possession of fire-arms brought against him by Federal Government.

Opeseyi submitted that Dasuki’s grouse was borne out of facts that from matters in different courts and as such his grievances ought to have been addressed to the affected courts.

However, Dasuki’s counsel, Victor Okwudili vehemently objected to the affidavit of the federal government on his client on the ground that the affidavit evidence was not competent in the eyes of the law to be entertained by the court.

Okwudili drew the attention of Justice Rahmat to the fact that the lawyer who deposed to and filed the affidavit did not affix his seal to the court process as required by Section 10 (Sub 1, 2,3) of the rule of professional conducts for legal practitioners in Nigeria.

With the failure to affix the seal of authority, the counsel argued that no probate value should b e attached to the affidavit. He, therefore, prayed the court to reject the affidavit and in the alternative to adjourned the matter for him to show the affidavit to Dasuki for his reaction in the interest of fair hearing.

However, in his ruling, Justice Mohammed agreed that the affidavit has no seal of authority but however said that it was deposed to by a lawyer in the chamber of Opeseyi and that it contained only facts drawn from the letter of Dasuki where he declared not to attend the court again for trial.

He said that the defendant did not attack any of the facts in the affidavit hence, the resolve of the court to uphold it and then ordered that Dasuki be tried in absentia in compliance with 352 of ACJA.

The judge subsequently adjourned further trial to December 11.