The Federal Government on Monday filed five counts criminal charges against former National Security Adviser, NSA, Col. Sambo Mohammed Dasuki (rtd) for unlawful possession of firearms and money laundering.
Dasuki was first arraigned before the Federal High Court in July with one count charge for being possession of firearms.
At the resumed trial on Monday, the Federal Government amended the charge and expanded it to include money laundering and alleged retention of public funds which formed part of the proceeds of an unlawful act contrary to section 15 (2)(d) of Money Laundering Prohibition Act 2011.
Dasuki, who was escorted to the court by three former civilian governors and a retinue of former ministers and top government functionaries, pleaded not guilty to the fresh five count charges.
Using his discretion, the trial judge, Justice Ademola Adeniyi, admitted the accused to bail and allowed his previous bail terms which has been met by the accused to apply.
However, the Federal Government on Monday applied to the high court to conduct the trial of the former NSA in secret and not in an open court.
In a motion on notice argued by the prosecution counsel, Mr. Shuaibu Labaran, the Federal Government explained that the secret trial if granted would guarantee the safety of its witnesses who are billed to testify against the accused.
The application was brought pursuant to section 36(4) of the 1999 constitution and section 232 of the Administration of Criminal Justice Act 2015.
The prosecution also sought order directing that the names and addresses of all its witnesses should not be disclosed in any record or report of proceedings that may be accessible to the public.
That the witnesses be permitted to use pseudo name in the course of proceedings and that prosecution witnesses be given access to a non-public route to and from the court premises and court rooms as well as to allow them use private witnesses’ room.
Apart from lawyers and accredited journalists, the prosecution asked the court not to allow any member of the public to witness the trial and that the witnesses be permitted to wear facial masks while giving evidence against the ex-NSA.
Labaran, who argued the motion, submitted that the trial will suffer setback as the witnesses were not willing to testify in the open court for fear of reprisal from undisclosed places.
However, counsel to the accused, Mr. Joseph Daudu, SAN, has asked the court to dismiss the application for lacking merit and for being frivolous.
He told justice Ademola that the names of the witnesses were already in the public domain at the instance of the prosecution, adding that the application was a mere academic exercise that should not be granted by the court.
Justice Ademola reserved ruling on the application till tomorrow (Wednesday).
The fresh charges are that the accused was on July 17, 2015 at his house, No. 13, John Khadiya Street, Asokoro, Abuja found in possession of various range of firearms without requisite licence, an offence punishable under section 27 (1)(a) of the Firearms Act Cap F28 LFN 2004.
He was also accused of retaining $40,000, N5 million and another $20,000 in the same house and same date contrary to section 15 (2) (d) of Money Laundering Prohibition Act 2011.
Besides, the accused was said to have on July 16, 2015 at his residence at Sultan Abubakar Road and Sabon Birni Road, Sokoto retained another $150,000 and N37.6 million being part of proceedings of unlawful act contrary to Section 15 (3) of the Money Laundering Act 2011.
Meanwhile, the accused person through his counsel has filed an application for temporary release of his travelling documents from the court to enable him travel abroad for medical attention.
The medical check-up was said to have been over-due since July but that he could not travel due to seizure of his passport.
The application will be argued on Wednesday.
source-->Dailytimes.com.ng