FG, Dasuki’s lawyer disagree over disobedience of bail orders

The Federal Government insisted on Tuesday at a Federal High Court in Abuja that it had not violated any order granting bail to the immediate past National Security Adviser, Col. Sambo Dasuki (retd).


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‎But the former NSA said his continued detention was in violation of two orders of the court as well as other orders made by two separate judges of the Federal Capital Territory High Court in Maitama, Abuja.
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The ex-NSA, who was re-arrested by the the operatives of the Department of State Service on December 29, 2015, shortly after meeting the bail conditions granted him by other courts, spoke through his lawyer, Mr. Joseph Daudu (SAN), on Tuesday.
He maintained a blank expression even when his lawyers and the Federal Government’s prosecutor, Mr. Dipo Okpeseyi (SAN), disagreed during the proceedings.
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The Federal Government, through the office of the Attorney-General of the Federation is prosecuting Dasuki before Justice Adeniyi Ademola of a Federal High Court in Abuja on four counts of money laundering and illlegal possession of firearms.
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The Economic and Financial Crimes Commission is also prosecuting the ex-NSA along with others before two judges of the FCT High Court in Maitama, Abuja, on separate sets of 19 counts and 22 counts ‎of diversion of money meant for procurement of arms.
 On Tuesday, Dasuki’s lawyer, Daudu,  informed Justice Ademola that on the account of alleged disobedience of the orders granting his client bail, he had filed an application  seeking the termination of his trial on the charges of money laundering and illegal possession of firearms.
Dasuki had filed similar aplications before the two FCT High Court in Maitama Abuja where separate sets of charges are pending against him and others.
But the judge presiding on the ex-NSA’s trial with respect to the 19 counts involving the alleged diversion of the N32bn arms fund, had ruled on the application on February 8, that the EFCC was not in violation of the order granting Dasuki bail.
The judge also ruled that his order granting bail to Dasuki did not exempt him from being re-arrest on account of any further investigation, adding that the order had been co‎mplied at the point of his re-arrest by the operatives of the Department of State Service shortly after he was released on prison.
Despite the ruling by Justice Yusuf, similar application is coming up before Justice Peter Affen, who presides over the case involving 19 counts of diversion of N19bn of arms fund, on February 26‎.
Daudu insisted before Justice Ademola on Tuesday that the Federal Government had violated the court’s order granting bail to his client.
“There is a pending motion on notice which is to say that a person in disobedience of court order cannot enjoy any act of indulgence of the court,” he said.
He said he had not been able to gain access to the ex-NSA to enable his team engage his client for adequate preparation for his defence.
He said his application sought to prohibit the Federal Government from continuing to prosecute his client, adding that by further indulging the prosecution, which was allegedly in contempt of the orders of the court, to go on with the case‎, would amount to “mockery of the judiciary” and “an assalut on the rule of law”.
He asked for an adjournment to file a response to the prosecution’s reply to his client’s application.
But in response, prosecuting counsel, Okpeseyi oposed the application for adjournment as he also denied the alegation of disobeying court order.
He said, “The accused person is not being detained because of the matter‎ before this honourable court. So it will be wrong to say that the prosecution is adamant to keep him in custody.”
‎He also urged the court to direct that hearing of the application should go on as the lead defence counsel could make his final rely orally.
But in his ruling, Justice Ademola granted the application ‎for adjournment and directed that the defence should file its final reply within seven days.
The judge adjourned till March 3 and directed that the prosecution must produce the ex-NSA in court at the next sitting and subsequent ones.
The judge also said he would deliver a pending ruling on an application by the prosecution for witness protection on March 3.