The embattled Justice Adeniyi Ademola, on Tuesday, said he would no longer preside over the criminal charge the Federal Government preferred against the detained former National Security Adviser, NSA, Col. Sambo Dasuki, rtd.
Justice Ademola was among the seven Judges whose homes were “invaded” and thoroughly searched by operatives of the Department of State Service, DSS, between October 8 and 9.
Ademola who was in charge of the trial of the erstwhile NSA since the day he was docked before the Federal High Court in Abuja, announced his withdrawal at the resumed sitting on the matter on Tuesday.
Addressing the open court, Justice Ademola anchored his decision to hands-off the case on the recent clampdown of some judges by the DSS, stated that the DSS, whose investigation culminated into the criminal charge before him, specifically accused him while in custody that he collected “huge sums of money” from Dasuki.
However, before he disqualified himself from the trial, Justice Ademola engaged Dasuki who listened attentively from the dock, in a question and answer session.
The Judge began: “I am sure the prosecution and defence counsel in this matter are conversant with what has been going on in the last seven days, in this country.
“One of the allegations being made against me by the Department of State Security is that I received certain sums of unspecified money from the defendant. Of course, I have responded to that allegation of receiving an unspecified sums of money from the defendant but it will be wise for him to answer some questions.”
He then looked at Dasuki and asked:
Justice Ademola “Do you know me at all or have come in contact with me?
Dasuki “No I don’t know you my Lord”
Justice Ademola “Did you at any time give me money in respect of the on going trial?
Dasuki “No, my Lord, I didn’t give you any money”,
Justice Ademola “Did you send any money to me; to any member of my family; or through any counsel?”
Dasuki “No, my Lord, except maybe the DSS agents who are reporting the allegation did”, Dasuki who was visible displeased answered.
Directing his gaze at the prosecution counsel, Justice Ademola said: “I am happy that the defendant has answered these questions. In the interest of fair hearing, I am minded to return the case file to the Chief Judge of the Federal High Court for further action”.
Neither the prosecuting counsel, Dipo Okpeseyi, SAN, nor the defence lawyer, Adedayo Adedeji raised issue against the decision of the judge.
The prosecution counsel Okpeseyi SAN, said: “We are guided by your Lordship’s decision, even though we had come here today for a ruling and continuation of trial”.
The defence lawyer said the judge took the right step in view of recent happenings. While refusing Okpeseyi’s request for an adjournment to enable the parties to meet with the CJ on the way forward, Justice Ademola ruled: “This court is minded to transfer this case to the Chief Judge.
“The defendant has vehemently denied in open court today, the allegation made by the DSS. Therefore, this case file has been returned to the CJ in line with principle of fair hearing.
“This criminal matter has been adjourned to another date as may be fixed by the new judge”.
The charge pending against Dasuki before the court borders on money laundering and his alleged illegal possession of firearms.
The Federal Government had in the charge before the court, alleged that Dasuki was on July 17, 2015, at his house situated at No. 13, John Khadiya Street, Asokoro, Abuja, found to be in possession of various range of firearms without requisite license, an offence punishable under section 27 (1)(a) of the Firearms Act Cap F28 LFN 2004.
He was accused of retaining the sums of $40,000, N5 millon and another $20,000 in the same house and same date, contrary to section 15 (2)(d) of Money Laundering Prohibition Act 2011.
The government further alleged that the ex-NSA had on July 16, 2015, at his residence at Sultan Abubakar Road and Sabon Birni Road, Sokoto State, retained another $150,000 and N37.6m being part of proceedings of unlawful act, contrary to Section 15 (3) of the Money Laundering Act 2011.
It listed the alleged illegal arms it found at Dasuki’s residence in Abuja as five Tavor Assault Rifles, 1 Macro Uzi with serial No 60244(Rifle), 20 magazines (Ammunition), 1 packet of MOD (Ministry of Defence) APG calibre gun, Luger No 033375 ( gun), small magazine containing 16 rounds of ammunition, and bigger magazine containing live rounds of ammunition.
Justice Ademola had in a ruling he delivered on April 19, rejected govt’s request to try Dasuki secretly, insisting that he would not bar lawyers and accredited Journalists from observing the proceeding in order the shield identities of 11 witnesses, mostly DSS operatives, billed to testify against Dasuki.
He noted that government earlier supplied names and addresses of the witnesses in processes before the court, a document he said was already in the public domain.
The Judge said there was no evidence indicating that the life of any of the witnesses was being threatened in any way, stressing that the defendant was not charged for acts of terrorism.
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