The trial of the former National Security Adviser, Col. Sambo Dasuki (retd.), before Justice Baba Yusuf of a Federal Capital Territory High Court in Maitama, Abuja, is expected to commence today.

Dasuki, a former Director of Finance and Administration in the Office of the NSA, Shuaibu Salisu, and a former Director of the Nigerian National Petroleum Corporation, Aminu Baba-Kusa, were charged on a 19-count charge of alleged diversion of about $2.1bn, meant for procurement of arms.

In spite of the scheduled commencement of the trial, Dasuki on Thursday, filed a fresh application for stay of proceedings.

However, the provisions of the Administration of Criminal Justice Act of 2015 prohibits the hearing of any interlocutory application aimed at halting a criminal trial.

Section 306 of the ACJ Act states that “an application for stay of proceedings in respect of a criminal matter before the court shall not be entertained.”

Section 396 (1) and (2) of the act says: “The defendant to be tried on an information or charge shall be arraigned in accordance with the provisions of this Act relating to the taking of pleas and the procedure on it.

“After the plea has been taken the defendant may raise any objection to the validity of the charge or the information at any time before judgment provided that such objection shall only be considered along with the substantive issues and a ruling thereon made at the time of delivery of judgment.”

Punch Newspapers, however, reports that Dasuki’s application falls outside the Criminal Justice Act of 2015.

The application is said to be predicated on the allegation that the prosecution was in contempt of court by repeatedly disobeying court orders to release the former NSA on bail.

A lawyer was quoted to have said: “They are saying in the application that the judge cannot hear the charges because the prosecution has continued to disobey the court orders granting bail to the defendant.”

It remains to be determined if the trial of Sambo Dasuki will proceed as scheduled or the fresh application will stall proceedings.

The trial was meant to commence on Thursday but the absence of Dasuki in court, forced the judge to push it forward till today.