An FCT High on Tuesday rejected an application filed by former National Security Adviser, Sambo Dasuki, seeking leave of court to call independent stakeholders to intervene in his matter.
The EFCC arraigned Dasuki , Bashir Yuguda ,former Minister of State for Finance and former Sokoto State governor, Attahiru Bafarawa, on a 25-count charge bordering on criminal breach of trust, misappropriation of public funds to the tune of N19. 4 billion.
Ruling on the order of “”amicus curiae” prayed by Dauski, Justice Hussein Baba-Yusuf held that the application did not meet with the conditions for the order of amicus curiae sought.
Baba-Yusuf therefore dismissed the application.
In the sister case, on trial along with Dasuki are Aminu Baba-Kusa, a former NNPC Executive Director, and two firms- Acacia Holdings and Reliance Referral Hospital.
They are arraigned on 32 charges bordering on criminal breach of trust, misappropriation and dishonest release and receiving of various sums of money to the tune of N33.3 billion.
The judge fixed Feb. 27, to rule on the application by Dasuki asking for indefinite adjournment, pending when the judgment of Justice Ijeoma Ojukwu, of a Federal High Court Abuja on July 2, 218, to be complied with.
Earlier, Mr Adeola Adedipe conusel for Dasuki informed the court that he filed a motion dated Jan. 9.
He said the motion was praying the court the leave of court to call for stakeholders in law to participate intervention in this matter.
He said the amicus curiae would enable all to have a robust deliberation and cited section 1 of The Administration of Criminal Justice Act, (ACJA) 2015.
He named some Senior Advocate of Nigeria to make up for the amicus curiae among whom are: Mr Wole Olanipekun (SAN ) Mr Femi Falana (SAN) Dr Onyichi Ikpeazu (SAN) Mr Olisa Agbakoba (SAN).
“We are not asking for an adjournment but that the judgments grant Dasuki be compiled with by the prosecution.
“You held him in captivity and also prosecute him,” he said.
Adedipe prayed for the order of the court to adjourn the matters to sine die pending when the judgment of Justice Ijeoma Ojukwu, of a Federal High Court Abuja on July 2, 2018, to be complied with.
The prosecuting counsel, Mr Rotimi Jacobs (SAN) told the court that the issue now was whether amicus curiae should be invited to intervene.
He said such could only be applicable where there are issues that the court could not handle within the law.
“It is at the discretion of the court to appoint amicus curiae if it deems it necessary, in this case the 2nd defendant (Dasuki) had not made out a case for amicus.
“The issue here is adjournment sine die as provided in section 306 of ACJA” he said.
He submitted further that the purpose of section 1 of ACJA was for the protection of everyone’s interest and the essence was for speedy trial.
He said anything contrary would defeat the purpose of ACJA, the section, the 2nd defendant counsel referred to.