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
No comments:
Post a Comment