Justice Hussein Baba-Yusuf of the Federal Capital Territory High Court sitting in Maitama, Abuja, has adjourned further hearing in the criminal charge of diversion of $2.1billion involving former Governor of Sokoto, Attahiru Dalhatu Bafarawa, his son, Sagir Attahiru and their family company, Dalhatu Investment Limited, to March 22, 2018.
The said money was part of funds earmarked for purchase of arms to fight Boko Haram insurgency in the Northeast.
The defendants had sought to be separately tried from former National Security Adviser, Col. Sambo Dasuki (rtd), who was joined as co-defendant in the suit, to ensure speedy trial. But, the application was refused by Justice Baba-Yusuf on October 19, 2017.
Dissatisfied, the defendants’ legal team led by Kayode Olatoke, SAN, proceeded to the Court of Appeal urging it to order the trial court to separate the case.
Olatoke argued that, “the applicants’ trial if separated from Dasuki’s would guarantee their constitutional rights to a speedy trial within reasonable time in line with Section 36 of the 1999 Constitution”.
At the last sitting, the EFCC through its counsel, Rotimi Jacobs, SAN, maintained its objection to the application.
According to Jacobs, “Bafarawa, his son and their family company, Dalhatu Investment Limited, were properly joined with Dasuki, Bashiru Yuguda and Shuaibu Salisu for their joint roles in the diversion of $2.1billion arms funds”
He stated that Dalhatu investment owned by Bafarawa and his son was the receiver of the alleged stolen funds.
The appeal failed, prompting the defendants to proceed to the Supreme Court.
Meanwhile, at the resumed trial today, A. O. Afolabi, counsel to EFCC, told Justice Baba-Yusuf that the case is for trial “and we are ready to go on as our witness is in court”.
However, counsel to the 2nd defendant, Adeola Adedipe, drew the attention of the judge to the effect that, “there is a pending application at the Supreme Court of which judgment is reserved for March 2, 2018” He urged the court to wait for the outcome of the appeal at the apex court, while asking for a date after Supreme Court’s judgment.
Other counsel in the matter aligned with his submission.
In response, Afolabi opposed the motion arguing that, “the motion pending at the Supreme Court has been withdrawn”. He said the case was not for adjournment but for trial.
He further told the court that the Supreme Court had struck out the said application and urged the court to allow the prosecution to present its witness.
After heated argument, Justice Baba-Yusuf adjourned for continuation of trial.