An
Abuja High Court will on Monday February 8, 2016 rule on whether to
discharge or not former National Security Adviser (NSA) Col. Sambo
Dasuki from the criminal charges brought against him by the Federal
Government.
Justice
Hussein Baba-Yusuf fixed the adjourned date after counsel to Dasuki,
Mr. Joseph Daudu, SAN and counsel to Federal Government, Mr. Rotimi
Jacobs, SAN, had addressed the court on a motion praying for the release
of Dasuki.
In
the motion argued by Dasuki's counsel, the court was urged to prohibit
the Federal Government from further prosecuting him or further seeking
any indulgence from the court until the bail granted Dasuki is allowed
to be enjoyed.
Daudu
argued that the Federal Government cannot lawfully prosecute Dasuki
having been in contempt of the court. He premised his arguments on the
fact that Justice Yusuf had on December 18 last year granted Dasuki bail
and that after perfecting the bail conditions, he was allegedly
rearrested on the order of the Federal Government and was taken to the
custody of the Department of the State Security Service (DSS).
He
said that since Dasuki was rearrested on December 29, when the bail
conditions had been perfected, he had since been kept away from his
lawyers and family members.
The
counsel therefore urged the court to compel the Federal Government to
obey the bail conditions granted Dasuki and allow him to enjoy the
liberty of freedom in line with the law that presumed him innocent until
contrary was proved.
He
said the government and his agencies have no moral and legal rights to
prosecute Dasuki having been in contempt of three high courts that had
admitted him on bail but which were not obeyed.
Daudu
also urged the court that he should compel the federal government to
obey the court order and save the judiciary from embarrassment of
disobedience. "Judges must assert the efficacy of their orders," he
concluded.
However,
while opposing the motion, counsel to the Federal Government, Mr.
Rotimi Jacobs, informed the Judge that the motion was an abuse of the
court process because there was no evidence placed before the court that
the accused was rearrested by the Economic and Financial Crimes
Commission (EFCC).
Rotimi,
who claimed to be representing EFCC in the instant case, disclosed that
it was the DSS, another arm of the security agency of the Federal
Government that re-arrested Dasuki.
He
advised Dasuki to evoke section 46 of the constitution and institute a
civil action to challenge his arrest and enforce his fundamental right
to his liberty.
Justice Baba Yusuf will on Monday deliver his ruling on the motion.
By PRNigeria
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