By Ikechukwu Nnochiri, ABUJA
The Federal High Court sitting in Abuja, on Tuesday, declined to admit in evidence a set of exhibits the Federal Government sought to tender against a former National Security Adviser (NSA), Col. Sambo Dasuki (rtd).
Dasuki, who served as the NSA under former President Goodluck Jonathan, is answering to an amended seven-count charge bordering on money laundering and his alleged possession of illegal firearms.
The court, in a ruling that was delivered by Justice Peter Lifu, refused the evidence on the premise that the exhibits were rejected when they were previously tendered.
According to Justice Lifu, since the exhibits were rejected and marked as such, they could no longer be readmitted in the trial, as doing so would amount to judicial rascality.
Moreover, he held that FG, by its request, sought to force a trial court to sit on appeal over its own ruling.
“I recall that on July 10, 2025, I delivered a considered ruling, rejecting the same sets of exhibits due to improper foundation for their admission and lack of relevance to the charge. That ruling still subsists, and I am bound by it.
“Any attempt to toe the paths of going against the same ruling will definitely amount to judicial rascality and pettiness. Common sense does not even support granting this kind of request. “This court rejects the invitation, and the request is hereby rejected,” Justice Lifu held.
FG had in the charge pending before the Federal High Court in Abuja alleged that the erstwhile NSA was on July 17, 2015, at his house situated at No. 13, John Khadiya Street, Asokoro, Abuja, found to be in possession of various ranges of firearms without the requisite licence, 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 million and another $20,000 in the same house and on the same date, contrary to section 15 (2)(d) of the Money Laundering Prohibition Act 2011.
Besides, FG alleged that the defendant 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 the proceeds of an 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), a small magazine containing 16 rounds of ammunition, and a bigger magazine containing live rounds of ammunition.
FG had, through its team of lawyers led by Mr Oladipupo Okpeseyi, SAN, sought permission of the court to tender what it described as vital proof of evidence in the trial.
Okpeseyi, SAN, further urged the court to move its sitting to the headquarters of the Department of State Services (DSS) in Abuja for the purpose of inspecting some of the evidence, which included a vehicle he said was recovered from the defendant when a search warrant was executed at his house in 2015.
The prosecution counsel stressed that the said vehicle, which he wants the court to admit in evidence, has been parked at the premises of the DSS for the past 10 years.
He told the court that the set of evidence sought to be tendered against the defendant were all recovered from Dasuki’s home and listed on the search warrant as items 18 to 28.
However, the application was vehemently opposed by Dasuki’s lawyer, Mr A. A. Usman, who drew the attention of the trial judge to the fact that the said proof of evidence was earlier tendered but refused and marked as rejected by the court.
Usman contended that since the exhibits had already been rejected by the trial court, they could not be tendered again.
He maintained that the only option open to the prosecution was to challenge the ruling at the Court of Appeal.
The defence lawyer read a portion of the ruling where the court based its decision for rejecting the evidence on the ground that it failed the test of admissibility.
He, therefore, prayed the court to reject the fresh bid to tender the exhibits again, insisting the application was baseless, ill-conceived, misplaced, unwarranted and a ploy to draw the hand of the clock backward.
Dasuki, who had since pleaded not guilty to allegations against him, is equally facing two separate money laundering charges that the administration of the late former President Muhammadu Buhari filed against him before the High Court of the Federal Capital Territory, FCT.
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