… Says he is not afraid of trial
Former
National Security Adviser (NSA) Col. Mohammed Sambo Dasuki (rtd) is fully set
to storm the Supreme Court to press for his freedom denied him by the federal
government after three different High Courts in Abuja had admitted him to bail
in the criminal charges filed against him by the government.
The ex NSA
had on Wednesday at the Court of Appeal in Abuja lost his bid to enforce his
freedom after he had secured bails on all the charges against him.
Dasuki’s
lawyer Mr. Ahmed Raji SAN confirmed that appeal papers have been put together
to be filed at the Apex Court to challenge the judgment of the Court of Appeal
and the high courts that gave judgment to government on the re-arrest after
bail.
The SAN said
that there are sufficient grounds for his client to approach the Supreme Court
to seek the enforcement of his freedom from detention ordered by the federal
government after he had been granted bail by three Judges who are prosecuting
him on the charges.
Dasuki said that
he was not afraid of trial in the charges against him as a former National
Security Adviser but added that the proper thing must be done by government by
respecting the bail granted him lawfully but courts.
He claimed
that since government had approached court in his matter, the same government
must be fully ready to abide by court decisions in the interest of justice and
the rule of law.
The ex NSA
had been admitted to bail by three different high courts in Abuja but he was
re-arrested on December 29, 2015 by operatives of the Department of the State
Security Service (DSSS) on the alleged order of the federal government and had
since been held incommunicado.
But the
government in its defence in a motion on notice filed in court claimed that
Dasuki being a Crown Prince of Sokoto Caliphate had large sympathizers across
the length and breadth of the country who may jeopardize his trial if allowed
on bail.
Dasuki had
asked the high courts and the Court of Appeal to stop the federal government
from further prosecuting in the criminal charges until the bail granted him is
obeyed and also pleaded that the courts should no longer grant indulgence to
the federal government having been in contempt of the courts by the refusal to
allow him freedom after the bail.
In an
unanimous judgment of the full panel of the court delivered by Justice Abdul
Aboki, the Appeal Court upheld the submission of the Economic and Financial
Crimes Commission (EFCC), which put Dasuki on trial, that it was not in contempt
of any court order because the re-arrest of the appellant (Dasuki) in December
last year was not at its (EFCC) instance.
Justice
Aboki said that from the submissions of the appellant counsel, Mr. Joseph Daudu
(SAN) and the EFCC counsel, Mr. Rotimi Jacobs (SAN), the bail condition granted
Dasuki was perfected on December 29, last year and that a warrant of released
to that effect was served on the Comptroller of Prisons in Kuje, upon which he
was released.
On his
re-arrest by the operatives of the Department of the State Security Service
(DSS), the Appeal Court agreed with the Abuja High Court that the re-arrest
cannot be turned to a disobedience to its order on bail because the court bail
was not targeted at the DSS when it was granted.
The
appellate court also said that the EFCC which put Dasuki on trial on criminal
charges at the FCT High Court cannot be held responsible for the action of DSS
on the ground that the two agencies are different entities established by
different Acts and vested with different powers.
Besides, the
appeal court said there was no existing order against the re-arrest of Dasuki
and that since there is no existing order, there cannot be a disobedience to a
non-existing court order.
The court
held that the appellant ought to have established the terms of court order on
the bail clearly to indicate in clear terms, the agency that can be held for
contempt if the order is violated.
In the
appeal, the court said that form 48, which deals with contempt of court, was
not served on either EFCC or DSS and as such, the two agencies cannot be held
liable for the offense of contempt.
Justice
Aboki therefore held that there was no violation of any court order either by
DSS or EFCC in respect of the bail granted Dasuki on December 18, 2015 and his
subsequent re-arrest on December 29, 2015 by DSS operatives, shortly after he
perfected his bail condition and secured freedom.
However, the
Appeal Court warned that court order must be obeyed and the issue of bail was a
right to any person charged to court adding that any act of disobedience to
court order by government is injurious to smooth running of the society and it
is an invitation to anarchy.
Dasuki had
approached the Court of Appeal praying it to set aside the ruling of an Abuja
High Court which exonerated EFCC from his re-arrest shortly after he perfected
his bail conditions.
He asked the
appellate court to void the ruling of the High Court and set it aside on the
ground that DSS and EFCC are both agents of the Federal Government which is the
complainant in the charges against him at the high court.
By PRNIgeria
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