Court Declines to Admit FG’s Evidence Against Ex-NSA Dasuki
The Federal High Court sitting in Abuja, on Tuesday, declined to admit into evidence a set of exhibits the Federal Government sought to tender against former National Security Adviser (NSA), Col. Sambo Dasuki (rtd).
Dasuki, who served as NSA under former President Goodluck Jonathan, is currently facing an amended seven-count charge bordering on money laundering and alleged unlawful possession of firearms.
In a ruling delivered by Justice Peter Lifu, the court rejected the prosecution’s request to tender the exhibits, holding that the same materials had previously been refused admission.
Justice Lifu explained that once exhibits have been rejected and marked accordingly, they cannot be reintroduced in the same trial. To do so, he said, would amount to what he described as “judicial rascality.”
The judge further observed that the Federal Government, by its application, was effectively inviting the trial court to sit on appeal over its own earlier ruling.
“I recall that on July 10, 2025, I delivered a considered ruling rejecting these same exhibits on the grounds of improper foundation and lack of relevance to the charge. That ruling still subsists, and I am bound by it,” Justice Lifu stated.
He added that any attempt to reverse that position would be tantamount to judicial inconsistency. “Common sense does not even support granting this kind of request. This court rejects the invitation, and the request is hereby refused,” the judge held.
The Federal Government had alleged that on July 17, 2015, Dasuki was found in possession of various firearms at his residence located at No. 13, John Khadiya Street, Asokoro, Abuja, without the requisite licence, contrary to section 27(1)(a) of the Firearms Act, Cap F28 LFN 2004.
It also accused him of retaining the sums of $40,000, N5 million, and another $20,000 at the same residence on the same date, contrary to section 15(2)(d) of the Money Laundering (Prohibition) Act 2011.
In addition, the prosecution alleged that on July 16, 2015, at his residence in Sokoto State, Dasuki retained another $150,000 and N37.6 million, said to be proceeds of unlawful activity, contrary to section 15(3) of the Money Laundering Act 2011.
The alleged illegal arms recovered from his Abuja residence included five Tavor assault rifles, one Macro Uzi rifle with serial number 60244, 20 magazines, one packet of MOD APG calibre gun, a Luger pistol with serial number 033375, a small magazine containing 16 rounds of ammunition, and a larger magazine containing live rounds.
Through its lead counsel, Mr. Oladipupo Okpeseyi, SAN, the Federal Government had urged the court to admit the exhibits as vital proof of evidence. He also requested that the court relocate its sitting to the Department of State Services (DSS) headquarters in Abuja to inspect a vehicle allegedly recovered from Dasuki’s residence in 2015.
Okpeseyi argued that the vehicle, which has been parked at the DSS premises for the past 10 years, formed part of the evidence listed on the search warrant executed at Dasuki’s home, identified as items 18 to 28.
However, defence counsel, Mr. A.A. Usman, opposed the application, stressing that the same exhibits had earlier been tendered, rejected, and marked as such by the court. He maintained that the prosecution’s only lawful option was to appeal the ruling.
Usman reminded the court that its earlier decision was based on the exhibits’ failure to meet the test of admissibility. He described the fresh bid to tender them as baseless, ill-conceived, and an attempt to “draw the hand of the clock backward.”
Dasuki, who has pleaded not guilty to all charges, is also facing two separate money laundering cases filed against him by the administration of the late President Muhammadu Buhari before the High Court of the Federal Capital Territory (FCT).
