Continued detention: Dasuki loses at supreme court
The Supreme Court, yesterday, dismissed the appeal filed by former National Security Adviser (NSA), Col. Sambo Dasuki (rtd), seeking his release from the custody of the Department of State Services (DSS) for lacking in merit.
Dasuki had filed the appeal challenging his continued detention by the DSS and prayed the apex court to suspend his trial, pending his release from detention.
The Federal High Court, Abuja, presided over by Justice Adeniyi Ademola, the Federal Capital Territory (FCT) High Court, under Justice Peter Affem and another FCT High Court, under Justice Hussein Baba Yusuf, had at different occasions granted bail to Dasuki in the three-count charge levelled against by Economic and Financial Crimes Commission (EFCC).
Although he met all the bail conditions towards his release from Kuje Prison on December 29, 2015, he was, however, rearrested by the operatives of DSS and had since been held in their custody without any fresh allegation, explanation or arraignment.
But in a unanimous judgment of the five-man panel, read by Justice Ejembi Eko, the apex court held that Dasuki’s continued detention was not at the instance of EFCC, which is prosecuting him.
The court further held that the bail granted Dasuki in respect of criminal charges brought against him by EFCC have been obeyed, having been implemented by the Comptroller of Prisons on December 29, 2015, and as such, the anti-graft agency cannot be held responsible for his continued detention, which was carried out by the DSS.
The court added that from the claims and counter-claims of Dasuki and EFCC, it was clear that Dasuki was rearrested at the premises of the Kuje Prison on December 29, 2015 by DSS.
It, therefore, affirmed the decision of the Court of Appeal and the FCT High Court, which had in their separate decisions, held that the EFCC cannot be held responsible for the detention of Dasuki by DSS.
Justice Eko stated that the appeal brought by Dasuki lacked merit and constituted abuse of court process and, therefore, dismissed it.
The court also ordered Dasuki and the EFCC to go back to the FCT High Court to continue with the trial in the charges brought against him by the anti-graft agency.
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