The
Former National Security Adviser, Colonel Sambo Mohamed Dasuki opened
up at Abuja High Court alleging that President Muhammadu Buhari was
behind his unlawful arrest and detention without trial since December
29, 2015.
Dasuki
who spoke through his counsel, Mr Joseph Daudu (SAN), claimed that
President Buhari instigated his detention unjustly against the bail
granted him by three different courts through his (Buhari) comment on
Presidential Media Chat in December 2015.
In a
further and better affidavit filed in support of his application at the
court, the Ex-NSA claimed that the President betrayed the emotion during
the Presidential Media Chat when he openly told Nigerians that he
(Dasuki) and Nnamdi Kanu could not be allowed on bail because they would
jump bail.
Dasuki
claimed he had been held incommunicado since his re-arrest. He
therefore asked Justice Peter Affen to prohibit his further trial until
the federal government purged itself of the contempt of court which
prevented him from filing effective defence because of his continued
detention by DSS without having access to his lawyers.
The
defendant exhibited several newspaper cuttings in support of his motion
to stop his trial adding that the newspaper publications were the
comments of President Buhari during the Presidential Media Chat to the
effect that he (Dasuki) and Nnamdi Kanu should not be allowed to go home
even if granted bail by any court and that the publications have not
been refuted by the Presidency.
Daudu
who led a retinue of lawyers on behalf of his client urged Justice
Affen to enforce his order which granted bail to Dasuki adding that
justice is for all parties in any court action.
Daudu
also stated that the claim that Dasuki was been held by the DSS and not
the Economic and Financial Crimes Commission (EFCC) cannot hold water
because the federal government is the complainant in the charge against
Dasuki and that both the DSS and EFCC are agents of the Federal
Government.
However in opposing the
application, the counsel to the Federal Government. Mr. Rotimi Jacob
informed Justice Affen that the charge against Dasuki was at the
instance of the EFCC and not the DSS. He denied that the federal
government disobeyed the court on the ground that on December 29, 2015
when the bail conditions were perfected, Dasuki was released by the
prison authority at Kuje but was however rearrested by another
government agency.
Jacob
asked the court not to grant Dasuki’s application because DSS that
rearrested him was not a party to the charges against him before Justice
Affen who granted him the bail.
On the
newspaper publications, Jacob claimed that they were not tenable before
the court because they have not been certified as required by law.
After listening to parties, Justice Affen fixed March 4, 2016 to give ruling on the application.
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