An FCT High Court in Maitama, Abuja, on Tuesday fixed December 11, for hearing in the trial of rtd Col. Sambo Dasuki and four others over alleged misappropriation of N19.4 billion arms funds.
Justice Hussein Baba-Yusuf adjourned the trial after the Economic and Financial Crimes Commission, EFCC, Counsel, Oluwaleken Atolegbe , holding the brief for Rotimi Jacob, SAN, notified the court of a motion he filed.
Mr Dasuki, former National Security Adviser, NSA, under former president Goodluck Jonathan was arraigned alongside a former Minister of State for Finance, Amb. Bashir Yuguda.
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Also a former Sokoto State governor, Attahiru Bafarawa, his son, Sagir and his company, Dalhatu Investment Limited.
They are charged with 25-count charge bordering on criminal breach of trust, misappropriation of public fund to the tune N19. 4 billion.
At the resumed hearing , EFCC counsel, Oluwaleke Atolagbe, informed the court that the case was adjourned for hearing, adding that the prosecution was ready to go on with the case as its witness was in court.
He, however, stated that the case could not go on as Dasuki, who was the second defendant in the case, was not in court.
Mr Atolagbe informed that 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.
He stated that there was the need for them to file a further and better affidavit and reply on point of law to the counter affidavit.
Mr Atolagbe, therefore, applied for a short adjournment for 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 Security, 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 senior advocate.
Counsel for other defendants did not object to the application for adjournment made by the prosecution counsel.
Counsel for Mr Yuguda, M.D. Ayodele, however, 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 case until December 11 for hearing in the motion on notice.