Court refuses Dasuki’s motion challenging unlawful re-arrest
(Nigeria) An Abuj High Court, has refused to grant application bythe
immediate past National Security Adviser, NSA, Col Sambo Dasuki (retd), praying the court to discharge him on the
alleged contempts perpetrated by Federal Government in re-arresting him.
Trial judge, Justice Hussaini Yusuf said, that from the
available fact placed before the court it was a stranger, in this case
Department of State Service, DSS, that rearrested ex-NSA on December 29, 2015
after he perfected his bail conditions.
Justice Baba added that the order admitting Dasuki to bail
and granted on December 18, 2015 had been met and was not violated by the
Economic and Financial Crimes Commission, 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 said.
The judge advised the counsel to Dasuki to institute a civil
action against the DSS for the enforcement of the fundamental right of Dasuki
to freedom of liberty.
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.”
The judge therefore adjourned to March 23, 2016 for trial.
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