Former National Security Adviser, Col. Sambo Dasuki (retd.), has filed a fresh application to stop his trial for charges of alleged diversion of about $2.1bn, part of funds meant for procurement of arms, before Justice Baba Yusuf of a Federal Capital Territory High Court in Maitama, Abuja.
The judge, however, on Thursday, fixed Friday (today) for the commencement of trial of Dasuki and his other co-accused.
Others who were on December 14, 2015 arraigned along with Dasuki on the same set of 19 counts are a former Director of Finance and Administration in the Office of the NSA, Shuaibu Salisu, and a former Director of the Nigerian National Petroleum Corporation, Aminu Baba-Kusa.
Aminu-Kausa’s two firms – Acacia Holdings Limited and Reliance Referral Hospital Limited – are also part of the accused.
It could not be ascertained whether the judge would be willing to take the fresh application filed by Dasuki on Friday (today).
The provisions of the Administration of Criminal Justice Act 2015 which is the law guiding criminal proceedings prohibits the hearing of any interlocutory application aimed at halting a criminal trial.
The new law in its sections 306 and 396 stipulate that such interlocutory applications having to do with the merit of the charges filed should only be considered at the stage when the substantive issue in the case is being addressed.
Section 306 of the ACJ Act reads, “An application for stay of proceedings in respect of a criminal matter before the court shall not be entertained.”
Section 396 (1) and (2) of the law reads, “The defendant to be tried on an information or charge shall be arraigned in accordance with the provisions of this Act relating to the taking of pleas and the procedure on it.
“After the plea has been taken the defendant may raise any objection to the validity of the charge or the information at any time before judgment provided that such objection shall only be considered along with the substantive issues and a ruling thereon made at the time of delivery of judgment.”
According to a source, the application was predicated on grounds that the judge cannot hear the charges because the prosecution has continued to disobey the court orders granting bail to the defendant. (Punch)