Deconstructing Dasuki’s Travails

Sambo Dasuki

Abdullahi Waide

After five months of President Muhammadu Buhari’s administration, many Nigerians are anxiously struggling to understand what some now refer to as the body language of the Daura-born retired Army general. And despite the euphoria of ‘change’ which trailed his election, not a few are worried that Buhari may not be the Messiah the nation has been waiting for. This school of thought argues that body language cannot be a leadership model that can lead to better lives for the suffering masses of the country.

For many, Buhari may be unblemished in terms of integrity but may be found wanting in several other scores of good leadership. There are those who insist that more than anything, the major challenge that Buhari’s administration would face is managing the fundamental human rights of the citizens. The thinking is that old habits die hard and if his antecedents are anything to go by, the president not be easily pre-disposed to strict observance of the rights of others.

Early signs of what to expect from the tough Army officer-turned politician appeared on Thursday, July 16, 2015, on the eve of the ED-El Fitri festival when the immediate past National Security Adviser, Col. Sambo Dasuki, was put under house arrest in a manner reminiscent of the nation’s military past, by officers of the Department of State Security (DSS).

For many, that singular event was a bad omen and one of the actions that has tested     President Buhari’s democratic credentials and commitment to the respect of the people’s fundamental human rights.

The allegation against Dasuki was that he had the presence or likely presence of criminal items in his houses in Abuja and his father’s house in Sokoto. The houses were thoroughly searched by the DSS, in spite of protests of Alhaji Ibrahim Dasuki, Snr.

As if the first experience of Dasuki in the hands of the DSS was not enough, the federal government again filed fresh charges of illegal possession of foreign and local currencies against the former National security Adviser and went further to demand that he be tried in secret, whatever that means.

But at the resumed hearing of the earlier charge of possession of illegal firearms filed against Dasuki on Monday, October 26, Justice Ademola Adeniyi of the Federal High Court Six, sitting in Abuja expressed surprise at the decision of prosecution counsel to bring additional charges against Dasuki on a day set aside for definite hearing on the one count charge preferred against him.

Recall that on September 1 this year, prosecution counsel, Mohammed Diri, had told the court that Dasuki was charged with the unlawful possession of firearms without a licence which Dasuki pleaded not guilty.

Justice Ademola then granted Mr. Dasuki bail on self-recognition but ordered that his passport and other travel documents be deposited with the Deputy Court Registrar while the case was adjourned to October 26 and 27 for the hearing.

But when the court sat on October 26, 2015 however, M.S. Labaran, appearing for the prosecution announced instead that the one count charge was now being expanded to include additional charges bordering on illegal possession of various amounts of local and foreign currency in his Abuja residence and family house in Sokoto contrary to Money Laundering Prohibition Act 2011.

He also requested that the trial be conducted in secrecy by providing special cover for witnesses from using public routes; use of private witness room; use of facial masks; and also that only accredited members of the press be allowed to cover the trial.

Many are wondering what the secret trials mean in a democracy and especially in view of the Constitution of the Federal Republic of Nigeria 1999 (as amended) and captured in Section 36 (5) that “Every person who is charged with a criminal offence shall be presumed to be innocent until he is proved guilty.”

Former President of the Nigeria Bar Association, (NBA) and one of the counsels to Dasuki, Mr. Joseph Daudu (SAN) objected to the request for special cover for prosecution witnesses in the case on the ground that the case is harmless within a democratic setting that does not warrant secret trial. Daudu said that even during military rule, trial of this nature was held openly and insisted that in a democratic era, the entrenchment of rule of law will be the greatest casualty if trial of this nature is made in secret.

He explained that in a criminal trial, the ability of defence counsel to confront the prosecution witness is pivotal because if the defence counsel is not allowed to have a direct confrontation with the prosecution witnesses and interrogate the witness as per his background and the like, it will weaken the strength of the defence.

Daudu even clarified that the identity of the witnesses which the prosecution sought to hide is already in the public domain and cautioned that the prosecution seemed to be urging the court to embark on mere academic exercise.

He said: “We consider the trial as harmless to the witnesses. If you make the witnesses anonymous, then we may lack the ability to conduct background checks. Even in trial of treasonable felony and coup d’etat, the witnesses are not hidden and we are in a democracy.

He added: “Also for the fact that there has not been cases in this court where witnesses are being molested and in these cases, it will be a case of injustice if the defence counsel and witnesses are known and the prosecution witnesses who are armed and can protect themselves are shielded. I think all the motions and counter-affidavit has been charged and this is purely an academic exercise.”
Daudu also asked the court to release the travel documents of the accused to him so that he would be able to travel abroad for medical check-up.

Like Daudu argued, many agree that the demand by the federal government for a secret trial of Dasuki is certainly unbecoming of a democratic government headed by a party which claims to be made up of progressives.

There are so many who think that Dasuki’s experience is a witch-hunt by President Buhari who is not happy with the role which the former security adviser played in his ouster in 1985 and build up to the last presidential election. Having been elected as the president of Nigeria, his actions should be devoid of whims and caprices and he should allow modernity and the constitution to influence his leadership styles and policies. That way, Nigeria will continue to support and reap the expected change programmes that his party is advocating. In 1985, when Buhari’s military government was overthrown, Col. Sambo Dasuki and three Majors reportedly arrested Gen. Buhari, on the eve of Ed El-Fitri! Many are wondering whether this is a pay-back time and whether as a civilian Head of State, Buhari is taking a revenge on one of his erstwhile tormentors?

One of the school of thoughts also suggest that Dasuki’s travails may not be unconnected with a suggestion he made in London, that the 2015 elections be postponed for security reasons.

Many urge the president to settle down to face the challenges of governance rather than indulge in the practice of witch hunt which would not lead to a better life for the average Nigerian.

THISDAY