Supreme Court to hear Dasuki’s appeal on bail Jan 25

The Supreme Court has fixed January 25 next year for the hearing of an appeal by former National Security Adviser (NSA) Mohammed Sambo Dasuki.

Dasuki’s appeal is against an earlier decision by the Court of Appeal, Abuja, dismissing his complaint that his continued detention by the Department of State Services (DSS) after the bail granted him by some courts was unlawful.

Thursday at the Supreme Court, parties regularised their processes before a five-man panel of the court led by Justice Musa Datijo Mohammed. Joseph Daudu (SAN) led a team of lawyers for the appellant, while Rotimi Jacobs (SAN) led the team for the Federal Government.

Dasuki, in his brief of argument, stated that on December 29, 2015 at the Kuje Prisons and shortly after perfecting the third bail conditions, the operatives of DSS abducted him to their custody without fresh charges thereby disobeying the court orders on the bail matter.

He said sometime in 2015 he was arraigned before a Federal High Court in Abuja on charges of unlawful possession of firearms and money laundering.

He claimed that based on his applications, he was admitted to bail on various conditions by the Federal High Court to enable him prepare for his defence and that he subsequently met all the bail conditions.

Dasuki said he was thereafter taken to two High Courts of the Federal Capital Territory (FCT) on separate charges of money laundering, conspiracy and breach of trust. He said upon his application, the two trial judges – Justices Hussein Baba Yusuf and peter Affem – admitted him to bail to enable him prepare for his defence.

He stated that the Community Court of the Economic Community of West African States (ECOWAS) in a 2016 judgment on his fundamental rights enforcement suit, ordered the Federal Government to effect his release. He said despite the judgment, he was yet to be released.

He wants the Supreme Court to compel the Federal government to obey the orders for bail granted him by courts. Alternatively, he wants the apex court to stop his trial at both the Federal High Court and High Court of the FCT, pending when the government will allow him to enjoy the bail granted him.

In a counter argument in its respondent’s brief, the Fed Govt wants the court to dismiss the appeal and uphold the decision of the Court of Appeal to the effect that his continued incarceration was not a violation of any pending order for his release.

It argued that all orders in respect of the bail granted the appellant by the three courts have been obeyed.