BLESSING OMALE, Abuja
The Federal High Court in Abuja has dismissed an application by the Department of State Services (DSS) seeking to re-present exhibits earlier rejected in the ongoing trial of former National Security Adviser, Colonel Sambo Dasuki (retd), over alleged unlawful possession of firearms.
Justice Peter Lifu, in a firm ruling on Tuesday, held that the court could not revisit or admit the same exhibits it had previously declared inadmissible, describing the DSS’s move as an attempt to circumvent judicial procedure.
The DSS, through its lead counsel, Oladipupo Okpeseyi (SAN), had filed a motion asking the court to inspect several vehicles allegedly recovered from Dasuki’s residence during a 2015 search operation.
Okpeseyi told the court at the last sitting on September 25 that the vehicles, which have been in DSS custody for about a decade, should be inspected at the agency’s headquarters to facilitate their admission as evidence.
However, when Justice Lifu requested clarification, Okpeseyi confirmed that the vehicles and other items, listed as numbers 18 to 28 on the search warrant executed at Dasuki’s Abuja home, were the same exhibits previously rejected by the court.
Despite this, the DSS counsel argued that he was entitled to re-present the items, contending that their earlier rejection was due to “failure to lay proper foundation” and not because they were irrelevant to the charges.
He maintained that the procedural defect had now been corrected and urged the court to allow the exhibits to be tendered afresh.
Dasuki’s counsel, A. A. Usman, strongly opposed the motion, describing it as “strange and unknown to law.”
He argued that once an exhibit has been rejected and marked as such, it remains rejected and cannot be re-admitted by the same court.
Usman reminded the court that Justice Lifu had, in a July 10 ruling, declared the same exhibits irrelevant to the case and inadmissible.
According to him, “The only lawful option open to the prosecution is to appeal that ruling, not to invite this court to sit as an appellate body over its own decision.”
He further described the DSS’s motion as “baseless, ill-conceived, and a ploy to turn back the hands of the clock.”
In a strongly worded ruling, Justice Lifu reaffirmed that the rejected exhibits could not be reintroduced, emphasizing that the court’s previous decision remained valid and binding.
“I recall that on July 10, 2025, I delivered a considered ruling rejecting the same sets of exhibits due to improper foundation and lack of relevance to the charge.
“That ruling still subsists, and I am bound by it,” he stated.
The judge warned that granting the prosecution’s request would amount to “judicial rascality and pettiness,” which the court would not entertain.
“Common sense does not even support granting this kind of request. This court rejects the invitation, and the motion is hereby dismissed,” Justice Lifu ruled.
Dasuki has faced multiple legal battles since his arrest in 2015 over allegations of illegal arms possession and the alleged diversion of funds meant for arms procurement.
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