Attorney General of the Federation (AGF) Abubakar Malami (SAN) and Solicitor General of the Federation (SGF) Taiwo Abidogun yesterday went back on their promise to attend proceedings in the case involving former National Security Adviser (NSA) Sambo Dasuki in compliance with an earlier order of the court.
Instead, they filed a fresh application on behalf of the Federal Government seeking an order revoking the bail granted the former NSA on September1.
The application is hinged on the ground that Dasuki was being investigated in relation to his alleged involvement in the mismanagement of funds meant for the purchase of arms and military equipment under the Goodluck Jonathan administration.
Justice Adeniyi Ademola of the Federal High Court, Abuja on November 13 ordered the AGF to appear before his court on November 16 over the controversy surrounding the Dasuki case.
The judge’s invitation to the AGF was informed by complaint by Dasuki’s lawyer, Joseph Daudu (SAN) that, despite the order made by the court on November 3 allowing Dasuki to travel abroad, he was being prevented from embarking on the trip by security agents, who have allegedly laid siege on his Abuja home.
On November 16, the AGF stayed away, but was represented by Abidogun, who was accompanied by the Director of Public Prosecution of the Federation (DPPF), Muhammad Diri.
Abidogun told the court that he and the AGF were just appointed and were yet to be fully briefed about the activities of the Federal Ministry of Justice, particularly in relation to the Dasuki case.
He sought for time to enable him and the AGF study the case and decide on what necessary steps to take. He urged the court to adjourn to November 23.
Neither the AGF nor the SGF was in court at the resumed hearing yesterday.
In their place, the DPPF appeared, but refused to address the issue either the AGF or SGF was to address.
Diri applied to the court to compel Dasuki to attend court. He noted that Dasuki had been absent in court during the last three adjournments without an order of the court dispensing with his presence.
He denied that the state had flouted the court’s order granting Dasuki the permission to travel. He faulted Dasuki’s lawyer’s argument that the state should be made to account for why it allegedly flouted the order, noting that there were no pending contempt proceedings against the prosecution.
Daudu objected to Diri’s application that his client be compelled to attend court despite that state’s agents alleged siege to his Abuja home. He urged the court not to grant any indulgence to the prosecution until the AGF appear to explain why the November 3 order has not been obeyed.
Justice Ademola adjourned to November 26 for ruling.
Before the court adjourned, Diri also told the court that the prosecution has filed a fresh application seeking an order revoking the bail granted the defendant (Dasuki) on September1 this year.
The prosecution said: “Interim report as submitted to the Federal Government indicated that resources running into over $2 billion were allegedly corruptly embezzled and the investigation is unfolding further facts that require the presence of the respondent to assist in the investigation.
“As a result of the interim report submitted to the Federal Government, there is a government directive for the arrest of all those indicted by the report, including the defendant. The public interest of the nation is at stake and investigation has to be properly conducted to logical conclusion.
“The on-going investigation, which borders on money laundering against the defendant, has also not been concluded and there is fear that investigation might be tampered with on account of foreign visit by the respondent before the completion of investigation.
“Intelligence revealed that the defendant has concluded plans to take advantage of the order of this court releasing his international passport to escape justice and tamper with ongoing investigation.”
It stated that it had received information from the National Hospital, Abuja that the ailment complained about by Dasuki, and for which he seeks to travel abroad was “not a life threatening ailment and facilities are locally available for the treatment”.
Dasuki is said to be suffering from colorectal cancer, a form of cancer that affects the cells of the colon or the rectum.
The Chief medical Director of the National Hospital, Dr. J.A.F. Momoh, in a letter written in response to inquiry by the SGF on whether Dasuki’s ailment could be treated in the country, answered in the affirmative.
Part of the letter dated October 26, 2015 reads: “The treatment of colorectal cancer involves pre-treatment investigations, which include ultrasound, computerised scanner and other laboratory tests to facilitate surgery.
“These investigations as well as the surgical expertise for surgical treatment of this lesion are available at the National Hospital as well as some teaching hospitals in Nigeria. Following the surgery, there is almost always need for adjuvant chemotherapy, which are equally available in Nigeria.
“I submit that facilities needed to treat colorectal cancer, including external beam radiotherapy in very advanced colorectal cancer are available in the National Hospital, Abuja.”
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