The Federal High Court, Abuja, has
fixed September 13 for ruling on whether or not witnesses should be allowed to
testify behind screen in the trial of former National Security Adviser (NSA),
Col. Sambo Dasuki (rtd).
Yesterday’s motion was the second
time the Federal Government was approaching the court seeking secret trial of
Dasuki.In the motion argued by the prosecuting counsel, Chief Dipo Okpeseyi
(SAN), government prayed the court to allow witnesses give evidence behind the
screen, which was to be provided by the court.
The basis of his argument was that
Dasuki has a large number of loyalists across the country, who may jeopardise
the trial.Okpeseyi further submitted that Dasuki had in the recent past held
the highest security office in the country and has loyalists in the security
circle, whose loyalty has been transferred to personality and whose actions
might be inimical to prosecution witnesses some of whom are still in the
service.
Okpeseyi, who cited the case of the
government witness who was involved in a serious accident, resulting in
multiple fractures and injuries, however, stated that in as much as he would
not allude that Dasuki has a hand in the accident, it heightens the need to
have the witnesses protected by the court.
He further submitted that in the highest military office where Dasuki served
last, loyalty was the first, second and the last rule, and because of the
peculiar nature of loyalty, some persons find it difficult to distinguish
between loyalty to state and that of individual.
He said that since the witnesses
were those of the court whose primary duty was to assist the court arrive at a
just conclusion, the issue of security must be viewed with a serious concern.
His words: “This is necessary
because of the fate the earlier application suffered before the court and the
fact that the application is now more serious in view of the fact that one of
the principal witnesses was involved in a very serious accident with multiple
fracture and injuries.
“In as much as we are not
alluding that the defence has a hand in it, it further heightens our need to
have these witnesses protected.“The simple reason was that the defendant has
held the highest security office in this country and at that level, he has
garnered a lot of followership within and beyond the security service, and
loyalty is the first, second and the last rule in the military.
“And so, we, as officers of the
court, have brought this application to ask for this seemingly harmless order
to protect these witnesses. This court has the power to grant that the
witnesses give evidence behind screen in order to protect them, their families
and their carriers.”
He, therefore, urged Justice Adeniyi
Ademola to screen the witnesses from the public in the interest of justice and
to protect them, their family members and career.
The prosecution’s application was
quickly opposed by the defence counsel, Joseph Daudu (SAN), who argued that it
would breach the principle of fair trial.
Daudu told the court that the defence has filed a 20-paragraph
counter-affidavit. According to him, the application carried a disadvantageous
content and that the very fact that prayers two and three of the old
application have been abandoned did not take away the sting of the application.
The defence counsel, who noted that
the proper thing for the prosecution to have done was to appeal the ruling of
April 19 against similar application, said: “All of us have gone on appeal at
one point or the other in this case. So, the appeal process is there, he can
explore it.
“This is a very simple charge, it is not treasonable felony and there is
nothing in the charge that affects the security of this nation.”Daudu further
argued that open trial is the minimum requirement in a criminal trial and as
such, any attempt to opt for a secret trial in the instant case, which is not a
capital offence, will run contrary to Section 36 of the 1999 Constitution on
fair trial.
He, therefore, asked the court to
discountenance the claim made by the prosecution on the issue of loyalty in the
military circle, stressing that such claim was a mere speculation and not
backed by facts.Justice Ademola, after taking arguments from both parties,
fixed ruling and continuation of trial for September 13, 14 and 15.
By: Bridget Chiedu Onochie, Abuja
The Guardian News
The
Federal High Court, Abuja, has fixed September 13 for ruling on whether
or not witnesses should be allowed to testify behind screen in the
trial of former National Security Adviser (NSA), Col. Sambo Dasuki
(rtd).
Yesterday’s motion
was the second time the Federal Government was approaching the court
seeking secret trial of Dasuki.In the motion argued by the prosecuting
counsel, Chief Dipo Okpeseyi (SAN), government prayed the court to allow
witnesses give evidence behind the screen, which was to be provided by
the court.
The basis of his
argument was that Dasuki has a large number of loyalists across the
country, who may jeopardise the trial.Okpeseyi further submitted that
Dasuki had in the recent past held the highest security office in the
country and has loyalists in the security circle, whose loyalty has been
transferred to personality and whose actions might be inimical to
prosecution witnesses some of whom are still in the service.
Okpeseyi,
who cited the case of the government witness who was involved in a
serious accident, resulting in multiple fractures and injuries, however,
stated that in as much as he would not allude that Dasuki has a hand in
the accident, it heightens the need to have the witnesses protected by
the court.
He further submitted that in the highest military office
where Dasuki served last, loyalty was the first, second and the last
rule, and because of the peculiar nature of loyalty, some persons find
it difficult to distinguish between loyalty to state and that of
individual.
He said that
since the witnesses were those of the court whose primary duty was to
assist the court arrive at a just conclusion, the issue of security must
be viewed with a serious concern.
His
words: “This is necessary because of the fate the earlier application
suffered before the court and the fact that the application is now more
serious in view of the fact that one of the principal witnesses was involved in a very serious accident with multiple fracture and injuries.
“In as much
as we are not alluding that the defence has a hand in it, it further
heightens our need to have these witnesses protected.“The simple reason
was that the defendant has held the highest
security office in this country and at that level, he has garnered a
lot of followership within and beyond the security service, and loyalty
is the first, second and the last rule in the military.
“And
so, we, as officers of the court, have brought this application to ask
for this seemingly harmless order to protect these witnesses. This court
has the power to grant that the witnesses give evidence behind screen
in order to protect them, their families and their carriers.”
He,
therefore, urged Justice Adeniyi Ademola to screen the witnesses from
the public in the interest of justice and to protect them, their family
members and career.
The
prosecution’s application was quickly opposed by the defence counsel,
Joseph Daudu (SAN), who argued that it would breach the principle of
fair trial.
Daudu told the court that the defence has filed a
20-paragraph counter-affidavit. According to him, the application
carried a disadvantageous content and that the very fact that prayers
two and three of the old application have been abandoned did not take
away the sting of the application.
The
defence counsel, who noted that the proper thing for the prosecution to
have done was to appeal the ruling of April 19 against similar
application, said: “All of us have gone on appeal at one point or the
other in this case. So, the appeal process is there, he can explore it.
“This is a very simple charge, it is not treasonable felony and there
is nothing in the charge that affects the security of this nation.”Daudu
further argued that open trial is the minimum requirement in a criminal
trial and as such, any attempt to opt for a secret trial in the instant
case, which is not a capital offence, will run contrary to Section 36
of the 1999 Constitution on fair trial.
He,
therefore, asked the court to discountenance the claim made by the
prosecution on the issue of loyalty in the military circle, stressing
that such claim was a mere speculation and not backed by facts.Justice
Ademola, after taking arguments from both parties, fixed ruling and
continuation of trial for September 13, 14 and 15.
By: Bridget Chiedu Onochie, Abuja
The Guardian News
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The Chairman explained that his committee had
made several reforms that would help in the quick dispensation of justice in
high profile corruption cases in the country.