All legal efforts to stall the current trial of Sambo Dasuki over an alleged misappropriation of the arms deal funds have failed following the ruling of the High court in Abuja.
A Federal Capital Territory High Court in Maitama, Abuja, has dismissed an application by the immediate past National Security Adviser, Col. Sambo Dasuki (retd), seeking to stop his trial on the charges of diversion of N32bn arms fund.
Justice Husseini Baba ruled on Monday that contrary to Dasuki’s allegation, the Economic and Financial Crimes Commission was not in contempt of its order granting him (Dasuki) bail on December 18, 2015.
Dasuki was re-arrested by the operatives of the Department of State Service on December 29, 2015, shortly after he met the bail conditions and was released by Kuje prison.
Dasuki had, through his motion urged the court to prohibit the EFCC from prosecuting him over an alleged “brazen” disobedience of the orders of court granting him bail.
But Justice Baba held in his ruling on Monday that since it had been confirmed that Dasuki was being held by the Department of State Service, which “is a stranger” in the case, the EFCC which is prosecuting Dasuki and his co-accused could not be said to have violated the bail order.
He ruled that the only option open to the former NSA was to file necessary suit in line with section 46 of the 1999 Constitution for the enforcement of his right to liberty. After the Monday’s ruling, prosecuting counsel, Mr. Oluwaleke Atolagbe, asked the judge a date for trial to commence, but Dasuki’s lawyer, Mr. Ahmed Raji (SAN), urged the court to give a date long enough to enable the ex-NSA’s lawyer to “tackle the issue of the stranger”.
The judge subsequently adjourned till March 23 for trial.
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