An Abuja High Court has dismissed an application seeking to discharge the former National Security Adviser, Colonel Sambo Dasuki from charges of corruption filed against him by the Economic and Financial Crimes Commission (EFCC).
Justice Baba-Yusuf ruled that from the evidence and the facts before the court, the former National Security Adviser was released on December 29, 2015 having met his bail conditions.
The court held that it would be wrong to hold the Economic and Financial Crimes Commission responsible for the re-arrest since there is no evidence that the commission stopped the bail process.
The judge held that the Department of State Services (DSS), which re-arrested the former NSA, cannot be held in contempt because the bail order in the instant case does not cover the agency.
But the defence lawyer told the court that his client was not prepared for trial in custody of the Department of State Services, therefore he will approach the court to enforce his rights.
Dasuki’s lawyer, in his argument, had urged the court to prohibit the federal government from further prosecuting or further seeking any indulgence from the court until Colonel Dasuki is allowed to enjoy his bail.
He also asked the court to discharge the former NSA of all the offences contained in the charge against his client on the ground that the Federal Government cannot lawfully prosecute him, having been in contempt of the court.
He noted that Justice Hussein Baba-Yusuf on December 18, 2015, granted bail to Colonel Dasuki and after perfecting his bail conditions, he was re-arrested on the orders of the federal government and taken to the custody of the Department of State Services (DSS).
He added that since his client was rearrested, he has been kept away from his lawyers and family members.
However, the counsel to the Economic and Financial Crimes Commission, (EFCC) Mr Rotimi Jacobs, informed the court that the motion was an abuse of court process because there was no evidence before the court, that the accused was rearrested by the EFCC.
Rather he was arrested by the Department of State for alleged breach of service law when he was in the Nigerian Army.
He further stated that the accused was a fugitive for seven years and that he is being investigated for series of alleged offences.
