$2.1b arms fraud: Supreme Court says Dasuki trial must go on

$2.1b arms fraud: Supreme Court says Dasuki trial must go on

Friday, March 2, 2018 11:23 am


Former NSA Sambo Dasuki with Salisu Shuaib the former Director of finance and Admin [in blue] and Aminu Baba former NNPC Director on arrival at the High Court of Federal Capital Territory, Abuja . Photo: femi Ipaye

The Supreme Court has refused to stop the trial former National Security Adviser Colonel Sambo Dasuki based on his continued detention by the Federal Government.

Dasuki had in an appeal filed to challenge his continued detention, prayed for suspension of his trial by the Supreme Court, pending the time the bail orders were obeyed by government

It will be recalled that Federal High Court under Justice Adeniyi Ademola, FCT High Court under Justice Peter Affem and another FCT High Court under Justice Hussein Baba Yusuf had at different times granted bails to Dasuki.

The bail conditions slammed on Dasuki were met prompting his release from Kuje Prison on December 29, 2015.

But immediately after the release order was implemented by the Controller of the Kuje Prison, operatives of Department of State Services, DSS, swooped on Dasuki, rearrested him and had since held him in captivity without any fresh allegation, explanation or arraignment since December 2015.

But ruling on application of Duasuki on Friday, Justice Ajembi Eko said that the EFCC cannot be held responsible for the continued detention of the Ex-NSA since he was being detained by DSS and EFCC which is currently prosecuting him.

The Apex Court held that the bails granted Dasuki in respect of criminal charges brought against him by EFCC have been obeyed having being implemented by the Controller of Prison Kuje on December 29, 2015.

Justice Eko in the unanimous judgement, therefore said that since the bail order was implemented by the Prison Controller it has been obeyed as far as the charges against him at the FCT High Court was concerned.

The Apex Court said that from the claims and counter-claims of Dasuki and EFCC, it was clear that he Dasuki was rearrested at the premises of the Kuje Prison on December 29, 2015 by DSS.

The Supreme Court therefore affirmed the decision of the Court of Appeal and the FCT High Court which had in their separate decisions held that EFCC cannot be held responsible for the detention of Dasuki by DSS.

Justice Eko said the appeal brought by Dasuki lacked merit and constituted abuse of court process and therefore dismissed it.

The Court ordered Dasuki and EFCC to go back to the FCT High Court to continue with the trial in the charges brought against him by the anti-graft agency.

The trial of Dasuki was adjourned by FCT High Court on February 15 to await the Supreme Court ruling on the suit he filed to stop his trial by the EFCC over failure of the Federal Government ordering his release from detention.

Dasuki, is standing trial alongside former minister Alhaji Bashir Yuguda, former Director of Finance and Administration in the Office of the National Security Adviser (ONSA), Shuaibu Salisu, a former governor of Sokoto State, Alhaji Attahiru Bafarawa, his son, Sagir and their family company Dalhatu Investment Limited.

They are being prosecuted by the Economic and Financial Crimes Commission (EFCC) , on a 22-count charge bordering on criminal breach of trust and fraudulent diversion of public fund to the tune of N19.4billion.

Dasuki had in his application asked the Supreme court to suspend his trial in the alleged money-laundering charges brought against him by the Federal Government pending the time the government obeyed the bail orders granted in his favour by the court.

 


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