Justice Hussaini Baba of the Federal Capital Territory High Court, who is hearing the matter brought against former National Security Adviser, Col. Sambo Dasuki, by the Economic and Financial Crimes Commission (EFCC) has dismissed an application by the accused seeking an order of court to quash the charges over alleged contempt by the federal government.
Dasuki had applied to the court to dismiss the charges on grounds that his prosecutors were in contempt of the court and as such lacked the moral ground to prosecute him.
Dismissing the application, Justice Baba held that there was no evidence before him that the EFCC re-arrested him.
According to the judge, it was the Department of State Security (DSS), that arrested Dasuki having met the bail condition set against charges brought by the EFCC.
Justice Baba added that the order admitting Dasuki to bail and granted on December 18, 2015 had been met and was not violated by EFCC.
“The re-arrest of December 29, 2015 was carried out by another party (DSS) that was not a party in the instance case before the court. It was therefore against the law to hold EFCC in contempt since Dasuki was released before another agency rearrested him”, the judge held.
The Judge therefore advised counsel to Dasuki to institute a civil action against the DSS for the enforcement of the fundamental right of Dasuki to freedom of liberty.
He however set March 23 for commencement of trial.
Shortly after the ruling, Dasuki’s lawyer, Ahmed Raji protested that he has no access to his client (Dasuki) since December 29, 2015 because Dasuki is being held by stranger in the case (DSS) which is not in this case.
He insisted that EFCC and DSS are working for the same master which is the Federal Government.
The lawyer said: “Since all Dasuki’s legal team could not have access to him, we seek for an adjournment to enable us tackle the stranger that is keeping former NSA in custody unlawfully since last year when he was admitted to bail.”
It would be recalled that prosecutor, Rotimi Jacobs (SAN), had last Thursday informed the court that Dasuki was a deserter from the Army having not resigned his commission.
He also alleged that the accused had gone on exile for seven years, while still in the services of the Nigerian Army, and as such, breached service rules.
Dismissing the allegation, Raji said it was baseless falsehood.
He said Dasuki legally left the Army in 1994 and his exit in the military was officially gazetted by the Federal government through the former Head of State, General Abdulsalami Abubakar in 1999.
“The allegation of fugitive against Dasuki cannot hold water or stand in the face of the law in view of the official gazette of the Federal Government that confirmed his retirement from the military.
“It is curious that the prosecution counsel who initially claimed ignorance of the reason behind the denial of bail is now coming up with these excuse. I am tempted to believe that my learned friend Mr. Rotimi Jacob SAN must be genuinely mixing-up facts or mistake of identity.
“The allegation is baseless, unwarranted and malicious because his exit was in the gazette of the Federal government. We accordingly urge those holding Dasuki in the custody in flagrant disobedience to the court order that granted him bail to have a rethink and respect the rule of law”, he said.
A soure close to the Dasuki’s said his disengagement from the Army was captured in the official Gazette No 33 Volume 86, adding that Dasuki was granted clemency and pardon along with others on March 4, 1999 by General Abdulsalam Abubakar, the then Head of State and Commander in Chief of the Armed Forces for their innocence and meritorious service to their fatherland.