The Federal High Court in Abuja on Tuesday dismissed a request by the federal government to re-tender exhibits earlier rejected in the trial of former National Security Adviser (NSA), Sambo Dasuki, a retired colonel, over alleged unlawful possession of firearms.
Judge Peter Lifu on Tuesday dismissed the request, noting that he previously rejected the exhibits in July and therefore could not turnaround to admit them.
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“I recall that on 10 July 2025, I delivered a considered ruling rejecting the same set 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 go against the same ruling will amount to judicial rascality and pertinence. Common sense does not even support granting this kind of request. This court rejects the invitation, and the request is hereby refused,” the judge said.
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The federal government charged Mr Dasuki in September 2015 with money laundering and alleged possession of firearms.
The charges came after operatives of the State Security Service (SSS) found cash and firearms during a raid on Mr Dasuki’s houses in Sokoto and Abuja on 16 and 17 July 2015. The firearms mentioned in the two counts are five Tavor X95 Assault Rifles.
Months later, the Economic and Financial Crimes Commission (EFCC) charged him in two separate cases at the FCT High Court in Abuja with fraudulent divrsion of funds meant for procurement of arms. The two cases are ongoing.
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The firearms trial, just like the fraud cases at the FCT High Court Court, has passed through different Federal High Court judges. It started with Ahmed Mohammed (now a Justice of the Court of Appeal). It was later transferred to Ijeoma Ojukwu, before finally being reassigned in 2022 to the current judge, Mr Lifu.
The prosecution led by Oladipupo Okpeseyi, a Senior Advocate of Nigeria (SAN), sought in September the court’s permission to re-tender the exhibits earlier rejected by the court.
Mr Okpeseyi urged the court to allow a fresh admission of the disputed exhibits, including vehicles allegedly recovered from Mr Dasuki’s residence in 2015.
He also requested the court to hold a brief sitting at the SSS headquarters in Abuja to inspect the vehicles, which he said had been in custody for about 10 years.
He further argued that the exhibits were rejected earlier due to procedural lapses, not lack of relevance, and that the proper foundation for their admission had now been laid.
However, Mr Dasuki’s lawyer, A. A. Usman, opposed the motion, describing it as unknown to law.
He reminded the court that it had previously ruled the exhibits irrelevant and inadmissible, insisting that once a court rejected an exhibit, it could not be re-admitted in the same proceedings.
He said the SSS should have gone to the Court of Appeal instead of asking the same judge to revisit the issue.
After listening to the arguments for and against the request, the judge, Mr Lifu, fixed Tuesday (14 October) for ruling.
Ruling on Tuesday, Mr Lifu held that since the exhibits had been earlier rejected and marked as such for lack of proper foundation and relevance to the charge, they remained inadmissible.
He said the court would not admit them through the back door, as sought by the prosecution.
Judge Lifu added that granting the SSS request would put his court in the awkward position of sitting as an appellate court over its own decision.
Background
Mr Dasuki served as the NSA under former President Goodluck Jonathan. He was arrested in 2025, after he left office after Mr Jonathan left office for President Muhammadu Buhari.
He faced allegations of funds meant for the purchase of arms to fight Boko Haram insurgents. The funds were allegedly distributed to politicians and party officials ahead of the 2015 general elections.
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The federal government filed multiple criminal charges against him at both the Federal High Court and the Federal Capital Territory (FCT) High Court in Abuja. The charges included money laundering, criminal breach of trust, and illegal possession of firearms.
Since 2015, the case has gone through several judges before being reassigned to Judge Lifu.
Mr Dasuki was granted bail several times but remained in SSS custody for more than four years despite court orders. He was eventually released in December 2019.
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