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Dasuki’s lawyer tried to use an interesting argument to cause his case to be dismissed today – it failed

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Dasuki’s lawyer tried to use an interesting argument to cause his case to be dismissed today – it failed

Today was a big day in the criminal case involving former national security adviser, Sambo Dasuki, as his lawyers, led by Joseph Daudu, wanted the trial to be suspended. They argued that the federal government was in contempt of the court because Dasuki was rearrested by the Department of State Services despite satisfying the conditions of his bail.

Justice Huseini Baba-Yusuf, who is presiding over the N19bn fraud case involving the ex-NSA, however dismissed the application. His reasons were: First, the bail that was granted to Dasuki was by a federal high court presided over by Justice Adeniyi Ademola, and not the FCT High Court he was presiding over. The two courts are diferent. Secondly, the agency which rearrested Dasuki was the DSS and not the EFCC which is prosecuting Dasuki at the court. The two government agencies are different.

Dasuki’s lawyer argued that the EFCC and DSS, which charged him before Justice Ademola Adeniyi of the Federal High Court, were both part of the government, hence the DSS should not have gone ahead to re-arrest him after he was granted bail by a sister court. Daudu contended that the re-arrest of his client amounted to contempt of court since his client was due to enjoy his bail, after meeting all of the bail terms. He prayed the court to enforce a suspension of the current charge against him, until such a time when the prosecution (government) obeys court order.

But counsel to the EFCC, Rotimi Jacobs, told the court that the prosecution in the current allegation is not the federal government but the EFCC which is separate from the DSS and that both arms operated separately by the provisions of the constitution. Jacobs further argued that the court that granted Mr. Dasuki bail was as different from the FCT High Court as the arm of government, which took him to court in the previous allegation. He stated that Mr. Dasuki and his counsel cannot bring an allegation of contempt of court before Justice Huseini Baba-Yusuf, when the bail in question was granted by Justice Adeniyi of the Federal High Court.
He therefore prayed the court to dismiss the application.

In his ruling, Mr. Baba-Yusuf said there was no court order that prevented the re-arrest of Mr. Dasuki if found wanting by any law enforcement arm of government. He added that the submission of the applicant that the SSS and the EFCC were one and the same has no legal backing. The judge therefore dismissed the application for lacking in merit.

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