By Emmanuel Thomas, Lagos
October 26, 2015 – Former National Security Adviser, Col. Sambo Dasuki rtd., today objected to attempt by the Federal Government to put him on secret trial under the present democratic dispensation.
The Federal Government had charged the former NSA with unlawful possession of firearms without a license with his case scheduled for definite hearing today, Monday October 26 and Tuesday October , 27.
But at the hearing today at the Federal High Court, in Abuja, the Prosecuting Counsel, M.S. Labaran, announced that government is amending the trial to include additional charges bothering on illegal possession of various amount of local and foreign currency in his Abuja residence and family house in Sokoto contrary to Money Laundering Prohibition Act 2011.
He also requested that the trial be conducted in secrecy by providing special cover for witnesses from using public routes; use of private witness room; use of facial masks; and also that only accredited members of the press be allowed to cover the trial.
Surprised with the wave of new motions, Justice Ademola asked Labaran if he was aware that Monday October 26 and Tuesday October 27, 2015 have been set aside for definite hearing of the case.
In a counter motion one of the counsels to the Dasuki, Mr. Joseph Daudu objected to the request for special cover for prosecution witnesses in the case on the ground that the case is harmless within a democratic setting and that it does not warrant secret trial.
Daudu said that even during military rule, trial of this nature was held openly. He insisted that in a democratic era, the entrenchment of rule of law will be the greatest casualty if trial of this nature is done in secret.
According to him, in a criminal trial, the ability of defence counsel to confront the prosecution witness is pivotal, adding that his defence will be weak 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.
He argued that the identity of the witnesses which the prosecution sought to hide is already in the public domain adding that the prosecution was merely embarking on 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 trial of treasonable felony and coup d’tat the witnesses are not hidden and we are in a democracy.
“Also for the fact that there has not been cases in this court where witnesses are being molested and in this 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 has been charged and this is purely an academic exercise, ” he argued.
Daudu also asked the court to release the travel documents of the accused to him so that he would be able to travel abroad for medical check-up. He said Dasuki was billed to travel a day before his arrest for medical treatment but that the arrest and trial has so far prevented him from doing so.
Justice Ademola then adjourned the case to Wednesday, October 28, 2015 for ruling on prosecution’s request for secret trial and Dasuki’s request for his travel documents to be released to him.
Justice Ademola then granted Dasuki bail on self-recognition but ordered that his passport and other travel documents be deposited with the deputy court registrar while the case was adjourned to October 26 and 27 for the hearing.
