A former Nationwide Safety Adviser (NSA), Col Mohammed Sambo Dasuki (rtd), has requested the Court docket of Attraction in Abuja to quash his indictment contained within the February 25, 2020 judgment of the Federal Excessive Court docket in Abuja which convicted an ex-Nationwide Publicity Secretary of the Peoples Democratic Get together (PDP), Olisa Metuh on cash laundering offences.
Dasuki urged the court docket not solely to put aside the findings which he mentioned had been repeated about 10 occasions towards him within the judgment however to additionally put aside the whole proceedings which, in line with him, had been carried out in breach of established procedures.
Though he was not a defendant in Metuh’s trial that lasted about 4 years on the Federal Excessive Court docket, Dasuki in his enchantment contended that his “conviction” within the judgment with out being given the chance to defend himself was a breach of his elementary rights to a good listening to.
He argued in his appellant transient, filed by his lead counsel, Mr Joseph Bodunde Daudu (SAN), “that the magnitude of the breach of the precise to honest listening to has rendered the whole thing of the proceedings nugatory and non-existent, having not been tried below or via the lawful or applicable process”.
“Taking into account the basic nature of the trial court docket’s error, particularly in a legal case, we humbly urge this honourable court docket to not solely put aside all of the findings of the trial court docket however to declare the whole proceedings a nullity for lack of honest listening to and jurisdiction,” Daudu said.
Justice Okon Abang of the Federal Excessive Court docket had convicted and sentenced Metuh to seven years imprisonment for cash laundering involving the alleged fraudulent receipt, concealment, and illegal use of the N400m paid to him and his agency Destra Investments Restricted, by Dasuki because the NSA in November 2014.
The choose additionally convicted Metuh and his agency for transacting with a sum of money of $2m with out going via a monetary establishment as alleged within the case filed by the Financial and Monetary Crimes Fee in January 2016.
Justice Abang dominated that the switch of the N400m to Destra Funding’s checking account on November 24, 2015, was unlawfully carried out “in breach of public belief” by Dasuki, including that Metuh and his agency fairly should have identified that the cash fashioned a part of the proceeds of the illegal exercise of the ex-NSA.
He had added that Dasuki, who continues to be being prosecuted for the first offences of “breach of belief” and “corruption” on the Excessive Court docket of the Federal Capital Territory in Abuja, wanted to not be first convicted earlier than Metuh and his agency might be charged with cash laundering or convicted. However in his enchantment towards the judgment,
Dasuki’s lawyer, Daudu, said that “there are a minimum of 10 findings made by the trial court docket holding the appellant, Col Dasuki, responsible of the predicate offence, right here, of corruption and legal breach of belief”.
Daudu believed “that the denial of the precise to a good listening to on the appellant within the immediate case have to be condemned, and the whole proceedings of the court docket which culminated within the mentioned penal findings and conclusions be put aside”.
He mentioned the judgment “is indicative of a descent into the world by the realized trial choose, particularly because it grew to become obvious that the realized trial choose had evinced a want to convict the appellant (Dasuki) and the 2nd and third respondents (Metuh and his agency) in any respect value”.
However the EFCC, via its lawyer, Mr Sylvanus Tahir, urged the court docket to dismiss the enchantment for missing in advantage.
He argued that Dasuki, not being a celebration to the trial on the Federal Excessive Court docket, had no proper to enchantment towards the judgment.
He additionally maintained that opposite to the ex-NSA’s declare, the choose didn’t convict him.
Tahir said, “The first respondent (EFCC) urges your lordship to dismiss the appellant’s enchantment as missing in advantage as a result of he was not tried, convicted, and sentenced by the decrease court docket on the offenses for which the 2nd and third respondents (Metuh and his agency) stood trial.
“Not having been prosecuted and convicted as an accused particular person, there was no denial of any proper to a good listening to of the appellant. The appellant’s enchantment is only educational and tantamount to waste of useful judicial time”.
In the meantime, a three-man panel of the Court docket of Attraction, led by Justice Stephen Adah, had on September 22, 2020, heard Dasuki’s enchantment along with the separate appeals filed by Metuh and his agency. The court docket has nonetheless reserved judgment until a date to be communicated to events within the issues.