Supreme Court to hear Dasuki’s appeal January 25
The Supreme Court has adjourned hearing of the bail appeal filed by a former National Security Adviser (NSA), Col. Sambo Dasuki (rtd), to January 25, 2018.The apex court fixed the date yesterday after counsel to Dasuki, Joseph Daudu (SAN) and that of the Federal Government, Rotimi Jacobs (SAN), regularised all processes they filed in respect of the suit so as to set the stage for hearing.
Justice Datijo Mohammed, who led four other justices at the proceedings, adjourned the matter after clearing all hurdles on the substantive matter.In the instant appeal, he is praying the Supreme Court for an order compelling the Federal Government to obey the bail granted him by courts in the three different charges brought against him by the same Federal Government and also the judgment of the Economic Community of West African States (ECOWAS) court by Justice Friday C. Nwoke ordering his immediate release since 2016 in a suit filed for enforcement of his fundamental rights.
In the alternative, he wants the apex court to stop his trial at the Federal High Court and the Federal Capital Territory High Courts pending the time the government will allow him enjoy the bail granted him, and also enable him prepare adequately for his defence in the three separate criminal charges against him.
In his brief of argument settled by Joseph Daudu and Ahmed Raji, both Senior Advocates of Nigeria (SANs), Dasuki said that sometime in 2015, he was arraigned before a Federal High Court, Abuja, on charges of unlawful possession of firearms and money laundering.
The appellant claimed that based on his applications, he was admitted to bail on various conditions by the Federal High Court to enable him prepare for his defence for which he subsequently met all the bail conditions.The former NSA also claimed that he was thereafter taken to two FCT High Courts with separate charges on money laundering, conspiracy and breach of trust, and that on the strength of his application, justices Hussein Baba Yusuf and Peter Affem in their separate decisions admitted him to bail in compliance with the law to enable him have adequate preparation for his defence in the criminal charges against him.
The appellant further claimed that on December 29, 2015 at the Kuje Prisons, and shortly after perfecting the third bail conditions, the operatives of DSS swooped on him and took him to their custody without fresh charges, thereby disobeying the court orders on the bail matter.
He further claimed that the Economic Community of West African States (ECOWAS) court in a judgment delivered by Justice Friday C. Nwoke, ordered his immediate release since 2016 in a suit for enforcement of fundamental rights he instituted against the Federal Government, and that up till now, the decision of the regional court has not been obeyed.
He, therefore, prayed the apex court for an order compelling the respondent to obey all orders in respect of his bail to enable him have unfettered access to his legal team for the purpose of defending himself in the criminal charges slammed on him.
But the respondent, in the brief of argument settled by Jacobs, maintained that all orders in respect of the bail granted the appellant by the three high courts had been obeyed at the point of his release at Kuje Prisons after perfecting the bail conditions on December 29, 2015.Jabcobs, who prayed the court to dismiss the claim of the appellant, said that all orders on the bail issue had been legally obeyed by the respondent.
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