Detained former National Security Adviser (NSA), Sambo Dasuki Friday lost his bid for freedom as the Supreme Court rejected his request to that effect.
Dasuki had filed two appeals at the apex court, challenging his continued detention by the Department of State Services (DSS) and prayed for the suspension of his trial pending his release by the government,
In it unanimous judgments Friday, a five-man panel of the Supreme Court, headed by Justice Dattijo Muhammad, dismissed Dasuki’s appeals for lacking in merit.
The court described the appeals as an abuse of court process and a ploy by the appellant to delay his trial.
It noted that the trial initiated in 2015, has been frustrated by various interlocutory applications and appeals.
Justice Ejembi Eko, who read the lead judgment, said Dasuki’s continued detention was not a violation of any order for bail granted the ex-NSA by both the Federal High Court and High Court of the Federal Capital Territory (FCT) before which he is standing trial for separate criminal charges.
The court said Dasuki’s detention was not at the instance of the Economic and Financial Crimes Commission (EFCC) that put him on trial.
It further said the bails granted Dasuki in respect of criminal charges brought against him by EFCC have been obeyed having been implemented by the Controller of Prison Kuje on December 29, 2015.
The court affirmed the judgment of the Court of Appeal, which earlier upheld the FCT High Court, where it said the EFCC was not liable for the detention of Dasuki by DSS.
Justice Eko, who upheld the argument by respondent’s lawyer, Rotimi Jacobs (SAN), noted that Dasuki merely used fair hearing as his “weeping principle to filibuster all the way to this court”.
The judge said: “I have considered all the issues in the appeal. It is my view that the central issue, both at the trial court and the Court of Appeal, is whether the first respondent (the prosecution) did in fact, disobey, the order made on December 18, 2015, admitting the appellant (Dasuki) to bail pending his trial.
“That central issue was the substance of the three issues formulated by the appellant and the sole issue formulated by the first respondent at the Court of Appeal.
“The central or the core issue was not missed by the Court of Appeal. It was, in fact, firmly considered that the appellant in this interlocutory appeal has merely made fair hearing a weeping principle to filibuster all the way to this court.
“The appellant’s diatribe on the Court of Appeal for expeditious determination of his own appeal is clearly symptomatic of malafide or the type ulterior purpose of this appeal.
“An appeal brought not bona fide but merely to delay a pending action or to gag other prospective actions is clearly an abuse process. Regarding so, it is clearly an abuse of court process.
“The appeal lacking in merit, being clearly an abuse of court process is hereby dismissed in its entirety.
“The case is remitted to the learned trial judge, Honourable Justice H.B Yusuf of the FCT High Court for hearing with further directive that it shall be given accelerated hearing.”
Justices Dattijo Muhammad (presiding), John Okoro; Centus Nweze and Amina Augie, who were also on the panel, agreed with the lead judgment.
In one of the charges against Dasuki at the High Court of the FCT, he is being tried with former Governor of Sokoto State, Attahiru Bafarawa, his son, Sagir Bafarawa, a former Director of Finance and Administration in the office of the NSA, Shuaibu Salisu, a former Minister of State for Finance, Bashir Yuguda an Sagir’s firm – Dalhatu Investment.
They are accused, in the 22-count charge of, among others, diverting about N13bn allegedly meant for the purchase of arms.
In the second charge of 19 counts, Dasuki, Salisu, Aminu Baba-Kusa and his (Baba-Kusa’s) firms – Acacia Holdings Ltd and Reliance Referral Hospital Limited – are accused of diverting N32bn meant for purchase of arms.
Dasuki is being tried alone before the Federal High Court, Abuja on charges of money laundering and illegal possession of firearms.
