In a ruling , Justice Ademola Adeniyi dismissed an application filed by the Federal Government with a view to securing an order that will compel the presence of Dasuki in court.
Arguing the application, the Director of the Public Prosecution, DPP, Mr. Mohammed Diri, insisted that it was wrong for Dasuki to stay away from the court when motions bordering on his criminal trial were being heard.
He noted that the former NSA was absent on three consecutive times the case against him came up before the high court.
The DPP maintained that Section 266 of the Administration of Criminal Justice Act 2015 made it mandatory that an accused person must always be present in court whenever his case is called up.
However, Justice Adeniyi dismissed the application, yesterday as “frivolous, unwarranted and lacking in merit.”
He agreed with counsel to Dasuki, Mr. Joseph Daudu, SAN, that the DPP misinterpreted the section of the ACJA upon which the application was anchored.
The judge held that going by the law, the presence of an accused person could be dispensed with in court during hearing on interlocutory applications.
He said the presence of Dasuki was not mandatory since the court is still entertaining interlocutory applications from both parties.
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