Monday, September 27, 2021

Supreme Court in buck-passing, says EFCC not responsible for Dasuki’s detention

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Jaafar Jaafar
Jaafar Jaafar is a graduate of Mass Communication from Bayero University, Kano. He was a reporter at Daily Trust, an assistant editor at Premium Times and now the editor-in-chief of Daily Nigerian.
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The Supreme Court has said that the detention of former National Security Adviser, Sambo Dasuki was not at the instance of the Economic and Financial Crimes Commission, EFCC, which put him on trial.

The Apex Court held that the bails granted Mr 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.

In a judgement in an appeal filed by Mr Dasuki to challenge his continued detention and praying for suspension of his trial pending the time the bail orders were obeyed by government, Justice Ajembi Eko said that the EFCC cannot be held responsible for the continued detention of the Ex-NSA since the detention was carried out by the Department State Service, DSS.

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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 Mr Dasuki and EFCC, it was clear that he (Dasuki) was rearrested at the premises of the Kuje Prison on December 29, 2015 by SSS.

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 SSS.

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

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The Court ordered Mr 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.

Recalled that the 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 Mr Dasuki but were subsequently squeezed out from him.

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

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It could also be recalled that immediately after the release was implemented by the Controller of the Kuje Prison, operatives of DSS swooped on Mr Dasuki, rearrested him and had since held him in captivity without any fresh allegation, explanation or arraignment since December 2015.

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