A Federal Capital Territory (FCT) High Court in Maitama, Abuja, on Tuesday fixed December 11 for hearing in the trial of Col. Sambo Dasuki (retd.) and four others for allegedly misappropriating N19.4 billion arms funds.
Justice Hussein Baba-Yusuf adjourned the trial after the Economic and Financial Crimes Commission (EFCC) counsel, Mr Oluwaleken Atolegbe, holding the brief for Mr Rotimi Jacob (SAN), notified the court of a motion he filed.
Dasuki, a former National Security Adviser (NSA) under former President Goodluck Jonathan, was arraigned alongside a former Minister of State for Finance, Ambassador Bashir Yuguda.
Also, a former Sokoto State Governor Attahiru Bafarawa, his son, Sagir, and his company, Dalhatu Investment Limited are facing 25-count charge bordering on criminal breach of trust, misappropriation of N19.4 billion public fund.
At the resumed hearing, EFCC counsel, Mr Oluwaleke Atolagbe, informed the court that the case was adjourned for hearing, adding that the prosecution was ready to go on with it, as its witness was in court.
The lawyer averred that the case could not go on, as Dasuki, who was the second defendant, was not in court.
He said the prosecution filed a motion on notice, dated October 3 and filed same date, adding that Dasuki’s counsel served the prosecution with a counter-affidavit in respect of the motion on notice.
Atolagbe noted that there was a need for them to file a further and better affidavit and reply on point of law to the counter-affidavit.
The lawyer applied for a short adjournment to enable the prosecution to file the further and better affidavit as well as reply the counter-affidavit.
He further told the court that at the last sitting, the (court) directed Dasuki’s counsel, Ahmed Raji (SAN), to take a look at the letter written to the court by the Department of State Services (DSS) with a view to ensuring that Dasuki attend court for his trial.
According to Atolagbe, the prosecution was forced to file the motion on notice as it did not hear anything from the SAN.
Counsel to other defendants did not object to the application for adjournment made by the prosecution counsel.
Counsel to Yuguda, Mr M. D. Ayodele, told the court that the prosecution did not serve them with the motion on notice despite being part and parcel of the case.
Baba-Yusuf adjourned the matter till December 11 for hearing in the motion on notice.