Sambo Dasuki, former national security adviser (NSA), says there is no need to submit himself for prosecution since the federal government does not obey court orders.
His position was contained in a letter dated November 12, addressed to the court 5 registrar of the Abuja federal high court.
The former NSA is standing trial for alleged illegal possession of firearms and diversion $2.1 billion from his office.
The retired colonel who was arrested in 2015 by the Department of State Services (DSS) has been granted bail six times but he has not been released.
Dasuki said the government’s decision to continue detaining him despite several court orders “is wrong and arbitrary”.
“The resolve to continue detaining me, against the several orders of court and in brazen violation of the constitution is wrong and arbitrary. It has inflicted physical, emotional and psychological torture
“The decision of the federal government of Nigeria is not only high-handed, it is also arbitrary and in violation of both domestic and international laws on human rights.
“At this juncture, it will seem that the Nigerian government is not inclined to yield or obeys the orders of any court of law. Whether domestic or international. Ironically, the federal government still wants to ride on judicial wings time prosecute me, when it does not comply with the orders that proceed from court, especially if relation to me.
“Since the federal government has resolved not to comply with judicial orders directing my release, it is better for the court to absolve me of the need to submit myself for prosecution. Justice should be evenly dispensed, as opposed to same, being in favour of of the federal government of Nigeria.”
After the letter was read at the court on Tuesday, Dipo Okpeseyi, prosecuting counsel, prayed for the continuation of Dasuki’s trial in his absence.
But the court declined his request.
“Any day that the defendant is absence in court and the prosecution believes that the defendant is unwilling to attend trial, the prosecution should swear an affidavit to show that the defendant has wilfully refused to come to court,” Ahmed Mohammed, the judge, ruled.
Mohammed adjourned the matter till November 19 for the prosecution to comply with court orders.