Arms Deal Scandal: Dasuki Loses Bid To Stop Trials

Federal Capital Territory High Court has dismissed an application brought

before it by former National Security Adviser (NSA), Sambo Dasuki.

Dasuki's lawyers promised to appeal the judgement since it would prevent

them from having access to him.
The ex-NSA had earlier alleged that President Muhammadu Buhari was behind

his unlawful arrest and detention without trial since December 29, 2015.

In the application, Dasuki had sought an order of the court prohibiting

the Federal Government and any of its agencies from further prosecuting

him until the order admitting him to bail is obeyed so that he could have

access to his lawyers.
His application was on the ground that the charge against him cannot

lawfully be prosecuted by a government that is in brazen disobedience of a

lawful court order.
Alternatively, Dasuki prayed the court for an order staying further

proceedings in the charge until he has exhausted the remedies available to

him in law for the enforcement of his right to liberty as

preserved by the bail order granted him.
In his ruling, Justice Peter Affen relying on Section 221and 396 (2) of

the Administration of Criminal Justice Act (ACJA), said that it is of

common knowledge that Dasuki was rearrested upon perfecting his bail

condition.
Justice Affen who praised what he described as the “gallant efforts” of

the counsels to the defendant, however said his earlier order prohibiting

the EFCC from rearresting Dasuki did not constitute immunity from “further

prosecution.”
Justice Affen ruled that since it was clear that the ex-NSA was not

re-arrested by the EFCC but by the Department of State Service, the EFCC

could not be said to have violated the said order granting him bail.

The judge ruled that though the EFCC and the DSS were both federal

agencies, the wrongdoing of one could not be blamed on other.

The Judge added that the order granting him bail did not preclude him from

being re-arrested by other agencies of the Federal Government in respect

of other alleged crime.
Reacting to the ruling, counsel to Dasuki, Ahmed Raji SAN, said there is a

“high possibility” of appealing the judgment, saying if justice must be

served, then counsels must be allowed unfettered access to their clients.

The court subsequently adjourned further hearing on the substantive suit

to April 20 and 22 .
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