Justice Hussein Baba-Yusuf of a High Court of the Federal Capital Territory on Monday declined to discharge the embattled former National Security Adviser (NSA), Col. Sambo Mohammed Dasuki from the criminal charges preferred against him by the Federal Government.
In an application brought before the court, Dasuki’s counsel, Joseph Daudu (SAN), had urged Justice Baba-Yusuf to prohibit the Federal Government from further prosecuting Dasuki or further seeking any indulgence from the court until the bail granted the former NSA was allowed to be enjoyed.
Daudu had premised his arguments on the fact that Justice Yusuf had on December 18, 2015 granted Dasuki bail and that after perfecting the bail conditions on December 29, he was allegedly re-arrested on the order of the Federal Government and was taken to the custody of the Department of the State Security (DSS).
The defence counsel also asked the court to discharge Dasuki of all the offences contained in the charge against his client on the ground that the Federal Government cannot lawfully prosecute Dasuki having been in contempt of the court.
He said 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.
However, while opposing the motion, counsel to the Federal Government, Rotimi Jacobs (SAN), 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 re-arrested by the Economic and Financial Crimes Commission (EFCC).
Rotimi, who is representing the 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 on the ground that they were investigating him on other series of offences.
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.
In his ruling on Dasuki’s application to be discharged of the charges yesterday, Justice Baba-Yusuf, held that the action of one government agency cannot be attributed to the other, saying that the agencies are a creation of the constitution but with different laws guiding their operations and functions.
“The argument of counsel to the 1st defendant that the Federal Government should be held liable for the actions of its agencies does not interest me.
“The two agencies (EFCC and DSS) have separate identities and personalities vested in them.
“Having come to the conclusion that the complainant in this case (FG) is not in contempt of my order of December 18, 2015, it is my view that this application filed on behalf of the 1st defendant (Dasuki) does not have any merit and I hereby dismiss it,” the court declared.(Tribune)
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