A Federal High Court in Abuja has dismissed the application of the Federal Government seeking to compel the presence of the former National Security Adviser, Sambo Dasuki, in court throughout his trial.
In defiance of a previous court order, the State Security Service has refused to vacate the Abuja residence of Mr. Dasuki.
The SSS has also placed him on restriction, laying siege to his Abuja home for more than three weeks, and preventing from traveling for medical treatment.
The Federal Government, through the Director of Public Prosecution of the Federation, Mohammed Diri, who filed the application, argued that Mr. Dasuki was wrong in law by staying away from court for three consecutive times as the case against him came up in court.
He said by the provision of Section 266 of the Administration of Criminal Justice Act 2015, Mr. Dasuki must be in court at all times during his trial.
But ruling on the application, Justice Adeniyi Ademola dismissed it for being frivolous, unwarranted and lacking in merit.
Mr. Ademola agreed with the counsel to Dasuki, Joseph Daudu SAN that Federal Government had turned the law upside down for no just cause.
The judge, who read out Section 266 of the Administration of Criminal Justice Act 2015, 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 Mr. Dasuki was not mandatory in court for now.
The former NSA had filed an application before the judge to permit his absence in court for now in view of the alleged threat to his life in the hands of operatives of the Federal Government security agents laying siege around his Abuja residence.
Meanwhile, hearing in another application filed by the Federal Government seeking the revocation of the bail earlier granted Mr. Dasuki was fixed for December 3.
The application could not be heard Thursday as Justice Ademola said he was being expected at the ongoing judges conference holding in Abuja.
The application filed by Mr. Diri is asking the court to commit the former NSA to prison pending the completion of investigation into money laundering allegations against him.
He also opposed the permission granted Mr. Dasuki by Justice Ademola to travel abroad for three weeks for medical treatment, adding that the NSA would escape justice if allowed to go abroad.
Mr. Dasukiโs lawyers objected to the application on the ground that it was baseless and speculative.
They urged Justice Ademola to dismiss it.
