A
Federal High Court in Abuja has extended till Monday November 23, the
summon issued against the Attorney General of the Federation (AGF) and
Minister of Justice, Alhaji Abubakar Malami SAN to appear physically in
court to explain the siege still laid on the Abuja residence of the
Former National Security Adviser (NSA), Col Sambo Mohammed Dasuki (rtd).
The
extension of the date till November 23 by Justice Adeniyi Ademola was
at the instance of the new Solicitor General of the Federation Mr. Taiwo
Abidogun.
Abidogun
who was in court for the first time on Dasuki’s legal action had
informed Justice Ademola that the Attorney General of the Federal (AGF)
and Minister of Justice had yet to assume office.
The
Solicitor General claimed that the AGF will assume office on Wednesday
and will be briefed on the Dasuki’s court action between Thursday and
Friday and urged the court to grant them permission to appear in the
court next Monday.
He informed Justice Ademola
that the Federal Ministry of Justice has tremondus respect for court and
the rule of law and will not do anything to undermine court powers.
The
application which was not opposed by Dasuki’s lawyers led by Mr. Joseph
Daudu SAN, prompted the adjournment till next Monday.
The
Minister who had just been inaugurated by President Muhammadu Buhari
will also explain to the court why an order of the court made on Nov 3,
permitting Dasuki to travel abroad for medical attention was violated.
Justice
Ademola had last Friday issued summon against the AGF following
complaints by Dasuki's lawyers, Mr. Joseph Daudu SAN that the order of
the court made since November 3 had not been allowed to be implemented
by operatives of the Department State Security (DSS).
Among
others, Dasuki's lawyer protested to the court that several days after
the court ordered Dasuki to travel abroad for treatment, the DSS
operatives had since Nov 4 placed him under house arrest.
Counsel
to Federal Government, Mr Shuaibu Labaran who had declined to confirm
or deny the presence of the security operatives in the house of Dasuki
in breach of the court order, however admitted that the former NSA was
being investigated.
However,
Justice Ademola who was not comfortable with the violation of his order
had told the Federal Government counsel to inform his client to learn
how to respect and obey a valid court order.
The
Judge had said that he was baffled with the claim of any further
investigation of Dasuki by DSS because the same DSS had filed before the
court affidavit evidence that they have completed investigations on
Dasuki and ready for his trial.
He said that
even if the DSS had any cause to conduct any further investigation, the
lawful thing was to have allowed Dasuki to go abroad for treatment of
his ailment as ordered by his court rather than looking for excuses to
justify disobedience to the order.
"I have made
an order which has to be obeyed and the order is to the effect that the
accused be allowed to go abroad as from November 4 to treat his ailment
within three weeks and return to the court on November 26 for his trial
in the charges brought against him”, the judge had said.
"If
you have any further issue with him, let him go for his medical checkup
and come back. It is the duty of all Nigerians to ensure that court
orders are obeyed”, Justice Ademola had also said.
The
former NSA had filed an application against the Federal Government
seeking enforcement of his fundamental human rights to dignity and
security of his life. He also applied to the court to compel the Federal
Government to allow him travel abroad to treat his ailment as ordered
by the court since November 3.
Dasuki
complained that rather than allow him the medical treatment the Federal
Government agents mainly operatives of the DSS had laid siege on his
house and kept him under house arrest in spite of his deteriorating
health conditions.
Hearing of the suit has been scheduled for next Monday.
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