News: Nigeria - Dasuki's detention in order says court yet again

Justice Peter Affen of the High Court of the Federal Capital Territory (FCT) in Maitama ruled yesterday that the continued detention of ex-National Security Adviser (NSA), Mohammed Sambo Dasuki, was in order.

The judge, ruling on an application by Dasuki, held that the Economic and Financial Crimes Commission (EFCC), the Departmnet of State Services (DSS) and the Federal Government did not violate any subsisting court order in the detention of Dasuki.

It is the second court to dismiss  Dasuki’s claim that his continued detention violates a subsisting court order.

Justice Affen dismissed Dasuki’s application seeking to stop his trial or quash the charges against him.

Dasuki is standing trial with a former Director of Finance and Administration in the Office of the NSA, Shuaibu Salisu; ex-Minister of State for Finance, Bashir Yuguda; a former Governor of Sokoto State, Attahiru Bafarawa; the ex-governor’s son, Sagir Attahiru; and Dalhatu Investment Limited on a 22-count charge of looting about N13billion public funds.

Of the six defendants, it was only Dasuki who challenged his trial, arguing that the state was in violation of a court order admitting him to bail.

He claimed that his continued detention violated the order for bail purportedly him by the court.

He made a similar argument, through his lawyers, Joseph Daudu (SAN) and Ahmed Raji (SAN) before Justice Hussein Baba Yusuf, also of the High Court of the FCT and Justice Adeniyi Ademola of the Federal High Court, Abuja.

Dasuki is on trial in three courts on different charges.

Justice Yusuf had, on February 9, ruled on a similar application by

Dasuki, holding that  Dasuki was in error in his argument and dismissed his application.

Justice Ademola is scheduled to rule on April 4 on a similar application before him.

Justice Affen was of the view yesterday that Dasuki’s application lacked merit.

 He held that the order granting bail to the defendant did not preclude him from being re-arrested by other agencies of the Federal Government in respect of other alleged crime. He directed the commencement of trial in the case on April 20 and 22.

The judge said: “Though both the EFCC and the DSS are agencies of the Federal Government of Nigeria, they are established under separate enactments and vested with distinct legal persona, powers and responsibilities such that one is not liable for action or inaction of the other.

“Even criminal prosecution is undertaken by them separately in the name of the Federal Government of Nigeria merely to facilitate the due administration of justice which does not alter the mark of separate and distinct legal identities.

“This being so, the inevitable conclusion to reach is that the applicant has not made out a proper case of disobedience of the order made by this court on December 21, 2015 and therefore there is no legal or factual basis upon which the court can prohibit the complainant from further prosecuting the instant charges not to mention any other charge before any other court as prayed by the second defendant.

“The point has already been made that the order allegedly disobeyed or violated did not contemplate any government agency other than the EFCC and that this court did not restrain the arrest, the re-arrest or detention of the second defendant or any of the defendants for further offences when alleged against them,” Justice Affenn said.

The judge said there was “no correlation” between the prayer sought by Dasuki to discharge him and the alleged disobedience of court order.

“I have found no correlation whatsoever and none has been demonstrated between the alleged disobedience of court order and being discharged of the offences charged.

“I take the considered view that even if the second defendant/applicant has succeeded in establishing the case of disobedience of the orders granted on December 21, 2015, and I have already held that he did not do so, that would not constitute valid grounds for discharging him of the offences preferred against him,” he said.

The judge also refused Dasuki’s request for an order for stay of proceedings, insisting  that there was no basis for granting the prayer in the light of the provisions of Section 306 of the Administration of Criminal Justice Act (ACJA) which prohibits the court for staying criminal proceedings.

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