You must face trial, judge tells Dasuki

      

 Former National Security Adviser [NSA], Col. Sambo Dasuki (retd), yesterday lost his battle to stop his trial on charges of alleged diversion of N32 billion arms funds pending before a High Court of the Federal Capital Territory (FCT), Abuja. Justice Husseini Baba Yusuf dismissed his application because it lacked merit.

In his motion which was argued by his senior counsel, Joseph Daudu [SAN], Dasuki had urged the court to stop the Economic and Financial Crimes Commission (EFCC) from prosecuting him on the said charges because the agency was in contempt of a court which granted him bail on December 18, 2015.

He was re-arrested by the agents of the Department of State Services (DSS) on December 29, shortly after perfecting his bail conditions.

In his ruling, Justice Yusuf held there are facts that Dasuki was being held by the DSS and not the EFCC, therefore, the EFCC cannot be said to be in contempt of the court order as alleged by the applicant.

“The law is clear that a contemnor is the one who the order of court is directed at, but refuses to comply with the said order. From the above, it is clear that if an order of court is not directed to a party, such a party or person cannot be liable for contempt.

“Disobedience of court order is a serious offence and any party who disobeys court order should be punished, if not, it would bring the court into ridicule and obstruct the administration of justice and the nation.

“It is clear that after the applicant fulfilled his bail conditions, he was released from prison and if the DSS re-arrested him thereafter, it cannot be said to be disobedience of the order of this court because this court did not make any order stopping the security agencies from re-arresting him.

“The first defendant is in the custody of the DSS which is a different organization from the EFCC. Although they are all federal agencies, the act of one cannot be attributed to another. So, the argument of counsel to the first defendant does not impress me. They have separate functions and leadership and did not operate in a relationship that is ascribed to them by counsel to the first defendant,” he said.

The judge ruled that the only option open to the former NSA was to file necessary suit against the DSS which he described as a “stranger’ in line with section 46 of the 1999 Constitution for the enforcement of his right to liberty.

 Dasuki filed the motion with respect to the 19 counts of diversion of the arms funds for which he is being prosecuted along with a former Director of Finance and Administration, Office of the National Security Adviser, Shuaibu Salisu.

The other co-accused are, a former General Manager, Nigerian National Petroleum Corporation (NNPC), Aminu Babakusa and two companies – Acacia Holdings Limited and Reliance Referral Hospital Limited. The ex-NSA, through his lawyer, Mr. Joseph Daudu (SAN), has also filed the same application dated January 11, 2016, before Justice Peter Affen of the same Maitama Division of FCT High Court.

Source: SUN