The Judge of Federal Capital Territory High Court, Justice Hussaini Baba Yusuf has refused to grant application of immediate National Security Adviser, Colonel Sambo Dasuki praying the court to discharge of the offence against by the federal government over his rearrest on the alleged contempt perpetrated by Federal Government in re-arresting him.
The judge said that from the available fact placed before the court it was a stranger, in this case Department of State Service (DSS) that rearrested Ex-NSA him on December 29, 2015 after he perfected his bail condition.
Justice Baba added that the order admitting Dasuki to bail and granted on December 18, 2015 had been met and was not violated by the Economic and Financial Crimes Commission (EFCC).
“The re-arrest of December 29, 2015 was carried out by another party (DSS) that was not a party in the instance case before the court. It was therefore against the law to hold EFCC in contempt since Dasuki was released before another agency rearrested him.
The Judge therefore advised the counsel to Dasuki to institute a civil action against the DSS for the enforcement of the fundamental right of Dasuki to freedom of liberty.
Shortly after the ruling, Dasuki’s lawyer, Ahmed Raji protested that he has no access to his client (Dasuki) since December 29, 2015 because Dasuki is being held by stranger in the case (DSS) which is not in this case. He insisted that EFCC and DSS are working for the same master which is the Federal Government.
The lawyer said: “Since all Dasuki’s legal team could not have access to him, we seek for an adjournment to enable us tackle the stranger that is keeping former NSA in custody unlawfully since last year when he was admitted to bail.”
The Judge therefore adjourned to March 23, 2016 for trial.
