Court Dismisses DSS Bid to Reintroduce Rejected Exhibits in Sambo Dasuki’s Firearms Trial

The Federal High Court in Abuja has dismissed an application filed by the Department of State Services (DSS) seeking to re-present exhibits previously rejected in the ongoing trial of former National Security Adviser (NSA), Colonel Sambo Dasuki (retd), who is facing charges of unlawful possession of firearms.

Justice Peter Lifu, in a firm ruling delivered on Tuesday, held that the court could not revisit or admit the same evidence it had earlier rejected. The judge described the DSS’s motion as legally baseless and warned that granting such a request would amount to “judicial rascality and pettiness.”

The motion, filed by the DSS’s lead counsel, Oladipupo Okpeseyi (SAN), had sought to persuade the court to admit the exhibits after they were initially rejected due to lack of relevance and improper foundation. The items, according to the DSS, included vehicles allegedly recovered from Dasuki’s residence during a 2015 search operation conducted in Abuja.

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DSS’s Bid to Re-Present Evidence Rejected Earlier

At the last hearing on September 25, Okpeseyi requested that the court move its proceedings temporarily to the DSS headquarters in Abuja to inspect the said vehicles, which have been in the agency’s custody for nearly a decade. The counsel argued that the vehicles were crucial evidence recovered under the authority of a search warrant executed at Dasuki’s residence in 2015, during investigations into alleged illegal possession of arms.

He explained that the exhibits, listed as items numbered 18 to 28 on the search warrant, had initially been excluded because the prosecution failed to lay a proper foundation for their admission. However, Okpeseyi maintained that the prosecution had now rectified that deficiency and that the rejection was not based on the irrelevance of the items to the charges.

“The rejection was procedural, not substantive,” Okpeseyi argued, urging the court to revisit its earlier ruling and allow the exhibits to be tendered once again. He cited several judicial precedents, asserting that the prosecution had the right to re-present evidence once the initial procedural lapses were corrected.

Dasuki’s Counsel Opposes DSS Application

In a sharp rebuttal, A. A. Usman, counsel to Colonel Dasuki, described the DSS’s request as “strange, misconceived, and unknown to law.” Usman argued that once a court rejects an exhibit, the decision stands final and binding unless overturned by an appellate court.

“Once an exhibit has been rejected and marked accordingly, it remains rejected,” Usman told the court. He emphasized that Justice Lifu had already ruled on the matter in a July 10, 2025 decision, where the same exhibits were deemed inadmissible due to their irrelevance and lack of proper evidentiary foundation.

“The prosecution cannot bring back these exhibits through the back door,” Usman said, accusing the DSS of attempting to make the court sit as an appellate body over its own ruling. He further urged the court to dismiss the application as “baseless, ill-conceived, misplaced, unwarranted, and a ploy to turn back the hands of the clock.”

According to the defense counsel, the appropriate legal remedy for the DSS was to appeal the July 10 decision, not to file a fresh motion before the same judge. He reminded the court that judicial consistency and respect for precedent are central to maintaining the integrity of the legal system.

Justice Lifu: Court Will Not Entertain ‘Judicial Rascality’

Delivering his ruling, Justice Peter Lifu dismissed the DSS’s motion in its entirety, reaffirming that the exhibits in question “remain rejected” and cannot be reintroduced in the ongoing trial. He described the DSS’s attempt as an abuse of court process and an invitation to the court to contradict its own judgment.

“I recall that on July 10, 2025, I delivered a considered ruling rejecting the same sets 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,” Justice Lifu declared.

The judge warned that granting the DSS’s request would undermine the principle of judicial finality and create unnecessary confusion in the administration of justice. “Any attempt to go against that same ruling will amount to judicial rascality and pettiness,” he stated firmly. “Common sense does not even support granting this kind of request. This court rejects the invitation, and the request is hereby dismissed.”

Justice Lifu further emphasized that once a ruling has been made, it can only be revisited by a higher court through a valid appeal. He noted that the prosecution’s motion did not fall within any legally recognized exception that would allow the trial court to reverse its own previous decision.

Background of the Case

Colonel Sambo Dasuki, who served as National Security Adviser under former President Goodluck Jonathan, was arrested in 2015 by the DSS over allegations of illegal arms possession and misappropriation of public funds meant for arms procurement. The case has lingered in court for years, marked by several procedural disputes and multiple applications from both the prosecution and the defense.

The DSS’s latest attempt to tender new evidence, particularly vehicles seized during the 2015 search of Dasuki’s Abuja residence, was viewed by analysts as part of efforts to strengthen its case. However, legal experts say Tuesday’s ruling underscores the importance of procedural integrity and adherence to the rules of evidence.

With the court’s latest decision, the DSS may now have to consider appealing Justice Lifu’s ruling to a higher court if it wishes to have the exhibits admitted. For now, the items remain rejected and cannot be used in the ongoing trial.

Legal Observers React

Reactions have begun to trail the ruling, with some legal analysts commending the court for upholding judicial discipline. A senior advocate who spoke on condition of anonymity noted that Justice Lifu’s position reflects “a firm commitment to the rule of law and the sanctity of judicial decisions.”

“The judiciary must not be seen as a place where rejected evidence can be smuggled back in under new technical arguments,” the lawyer said. “This ruling reinforces that once a matter has been decided, it remains binding until overturned on appeal.”

As the Dasuki trial continues, attention will likely shift to whether the DSS will pursue an appeal or proceed with its remaining evidence. The case remains one of the longest-running legal battles involving a former top government official, highlighting both the complexities and the endurance of Nigeria’s judicial process.