Supreme court pending appeal delays trial of Dasuki, others
The matter before Justice Hussein Baba-Yusuf of the FCT High Court, which had been scheduled for further trial for yesterday, was adjourned following a notification by counsel to the second defendant (Dasuki), Adeola Adedipe, who informed the court of a motion-on-notice dated November 2, 2017 filed by Dasuki at the apex court.
Adedipe applied for adjournment of the matter pending determination of appeal No. SC/618/2016 between Col. Mohammed Sambo Dasuki vs FRN and five others in the interest of justice and fair-hearing.
He, therefore, sought for a date to be taken for trial after the March 2 date scheduled for the Supreme Court hearing.
While other counsel in the matter aligned with the application for adjournment by the second defendant, prosecution counsel, Adeleke O. Atolagbe, opposed it.
Atolagbe, who argued that the said motion had been withdrawn by the defendant and struck out, urged the court to discountenance the application of the defendant and proceed with the trial.
“The case was adjourned for trial and there is nothing stopping the case from proceeding,” he said.
The second defendant counsel however responded, saying the motion was never moved in the first place.
He said: “Relevant briefs of argument have been exchanged by parties at the Supreme Court and their lordships on October 12, 2016 have accordingly set down hearing of the appeal.
“The primary issue sought to be determined at the Supreme Court directly challenges the lawfulness of the complainants vires to continue prosecuting the instant charge vis-à-vis the complainant’s right to fair-hearing and trial and until same is determined, the conduct of further proceeding or trial in this case will largely be speculative.”
The judge, in his ruling on the argument, granted the application of the second defendant and consequently adjourned sitting till March 22, 2018 for further trial in the case after the Supreme Court would have given its verdict.
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