An FCT High Court has dismissed an application by former National Security Adviser (NSA), retired Col. Sambo Dasuki seeking to stop his trial for alleged diversion of arms funds.
Justice Hussein Baba-Yusuf on Monday ruled that the prosecuting agency of the Federal government, the Economic and Financial Crimes Commission (EFCC) was not the agency that re-arrested Dasuki following his bail.
He described the re-arrest of Dasuki as an act of a ‘stranger’ to the case, explaining that the Department of State Services (DSS), which re-arrested him at the Kuje Prisons after fulfilling his bail conditions, is not a party in the case before the court and not guilty of contempt of the order of the court.
The court had on December 18, 2015 granted bail to Dasuki after he was arraigned along with on December 14, 2015 along with Salisu Shuaibu, a former Director of Finance at the NSA’s office; Aminu Baba-Kusa, a former Group Executive Director of NNPC; Acacia Holdings Ltd, and Reliance Referral Hospital Ltd on 19-counts charges of diversion of funds totaling N32 billion.
The judge advised the defendant to file an application for fundamental rights enforcement against the DSS.
In the application filed January 22 by Dasuki’s counsel Joseph Daudu (SAN) asking for a discharge on the grounds that the allegation cannot not lawfully be prosecuted by a government that is in brazen disobedient of a lawful court order.
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.
“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.”
The Judge therefore adjourned to March 23, 2016 for trial.
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