A Federal Capital Territory High Court in Abuja, yesterday, ruled that its order granting bail to the immediate past National Security Adviser, Col. Sambo Dasuki (retd), did not exempt him any further re-arrest.
Justice Husseini Baba, in a ruling, therefore dismissed an application by Dasuki seeking an order stopping the Economic and Financial Crimes Commission, EFCC from continuing to prosecute him on the charges of alleged diversion of N32billion arms fund.
The ex-NSA had predicated his application on the grounds ‎of Federal Government’s “brazen” disobedience of the orders of court granting him bail on December 18, 2015.
Dasuki was re-arrested by the operatives of the Department of State Service on December 29, 2015, shortly after he met the bail conditions and was released by Kuje prison.
He argued in his motion that since the EFCC and DSS are both agencies acting on behalf of the Federal Government, the court should halt his trial until the order granting him bail is complied with.
But ruling yesterday, Justice Yusuf held that, contrary to Dasuki’s allegation, the EFCC ‎was not in contempt of its order granting him (Dasuki) bail on December 18, 2015.
“At the end, it is my view that the application filed on behalf of the first defendant does not have any merit and I hold so. I therefore dismiss same,” the judge ruled.
The judge rejected the argument by Dasuki’s lawyer, Mr. Joseph Daudu, SAN, adding that having been released by prison authorities before the accused was arrested, the order of the court had been complied with.
He added that his order granting bail to the ex-NSA was not against his re-arrest and that the EFCC could not be blamed for the action of the Federal Government even when they are both Federal Government agencies.
He held that, “‎From paragraphs 6 and 7 of affidavit in support of this application, it is clear that after the first defendant/applicant satisfied the terms in Exhibit ‘Dasuki 2’ he was released from Federal prisons on December 29, 2015 at this point the order of the court, as far as I am concerned, which was directed at the Comptroller of Prisons, was in my view complied with.
“If the EFCC re-arrested the first defendant thereafter, it makes, subject to the circumstances of such arrest-an interference with due administration of justice but it cannot be a disobedience to the order of the court to release the applicant on bail and the reason is because, in making the order of bail in favour of the first defendant, this court did not make any order against a re-arrest.”