The Federal High Court sitting in Abuja has declined to compel the former National Security Adviser, NSA, Col. Sambo Dasuki, rtd, to appear before it.
In a ruling this afternoon, Justice Ademola Adeniyi dismissed an application that was filed by the federal government with a view to securing an order that will compel the presence of Dasuki in court.
The Director of the Public Prosecution, DPP, Mr. Mohammed Diri who filed the application, insisted that it was wrong for Dasuki to stay away from the court when motions bordering on his criminal trial are being argued.
He noted that the former NSA was absent on three consecutive times the case against him came up before the trial court.
The DPP further cited section 266 of the Administration of Criminal Justice Act 2015 as the law that made the presence of Dasuki mandatory in court at all times.
However, Justice Adeniyi, in his ruling, dismissed the application for being “frivolous, unwarranted and lacking in merit”.
The Judge agreed with counsel to Dasuki, Mr. Joseph Daudu SAN, that the DPP misinterpreted the section of the ACJA he cited.
He held that going by the law, the presence of an accused person could be dispensed with in court during hearing on interlocutory applications.
Justice Adeniyi maintained that the presence of Dasuki was not mandatory since the court is still entertaining interlocutory applications from both parties.
Meanwhile, the court has fixed December 3 to hear the application seeking the revocation of Dasuki’s bail.
