The Supreme Court on Thursday slated January 25, 2018 to decide the appeal brought before it by former National Security Adviser, (NSA), Col Mohammed Sambo Dasuki (Retd) on the refusal of the Federal Government to obey the bail orders granted him by three different courts in the country.
The apex court fixed the date yesterday after counsel representing Dasuki, Joseph Bodunde Daudu (SAN) and counsel to the Federal government Rotimi Jacobs (SAN) regularised all processes they filed in respect of the suit to set the stage for hearing of the appeal.
Justice Musa Datijo Mohammed, who led four other justices of the Supreme Court at yesterday’s proceedings fixed the date after clearing all hurdles on the substantive matter in the appeal.
Dasuki, who has been in the custody of the Department of the State Security (DSS), since December 29, 2015 is praying the apex court for an order to compel the Federal Government to obey the bail granted him by courts in the three different charges brought against him by the Federal Government.
The former NSA in the alternative, wants the apex court to stop his trial at both the Federal High Court and the Federal Capital Territory High Courts, pending the time the Federal Government will allow him to enjoy the bail granted him and to enable him prepare adequately for his defence in the three separate criminal charges against him.
In his brief of argument by Joseph Daudu and Ahmed Raji both Senior Advocates of Nigeria, Dasuki recalled that sometime in 2015 he was arraigned before a Federal High Court in 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 and that he subsequently met all the bail conditions.
The ex-NSA also claimed that he was thereafter taken to two FCT High Courts with separate charges of 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 abducted 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 landmark judgment delivered by Justice Friday Chijoke 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 had 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 by Jacobs maintained that all orders in respect of the bail granted the appellant by the three High Courts have been obeyed at the point of his release at Kuje Prisons after perfecting the bail conditions on December 29, 2015, he prayed the court to dismiss the claim of the appellant, adding that all orders on the bail issue have been legally obeyed by the respondent.
The apex court is expected to determine the issue one way or the other on January 25, 2018.
Recalled that Dasuki was on December 29, 2015, re-arrested by operatives of the DSS immediately he was released from Kuje Prison upon perfecting all his bail conditions.
The ECOWAS court had in a judgment delivered on October 4, 2016, ordered the Federal Government to immediately release him from detention, but the Federal Government refused to comply with the order.
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