A Federal High Court sitting
Abuja on Monday, admitted former National Security Adviser, Sambo Dasuki to
bail in the sum of N200 million and also declared his detention as illegal.
Col. Sambo Dasuki (Rtd). |
The bail also came with the condition of two sureties in the
same amount.
Justice
Ijeoma Ojukwu gave the order in a judgment on a fundamental
rights enforcement suit filed by Dasuki against the Department of State
Services, (DSS) challenging his continued detention by the agency since
Dec. 29, 2015.
The judge said that the continuous detention of Dasuki by the
DSS since 2015 was an aberration to the rule of law.
“It is curious to note that the applicant has been in detention
for almost three years. The 1st and 2nd respondents cannot hold somebody in
custody under the guise of investigation,” ‘the judge said.
She said that it was settled law that justifying the reasons for
arrest and detention of any citizen was the sole responsibility of the
arresting agency.
She noted that from the depositions and written address of the
DSS tendered before the court, the DSS had failed to justify why Dasuki was
detained since 2015.
The other bail conditions given by the court included that the
sureties must swear an affidavit of means and must not be less than grade level
16 in the public service and must tender their letters of appointment.
She however said that in a situation where the sureties were
private citizens, they should be owners of landed properties within the Federal
Capital Territory.
The court further ordered that they must show evidence of tax
payment for 2015, 2016 and 2017.
Abubaka Malami, SAN Attorney-General |
In addition, Ojukwu directed that either of the sureties or the
applicant shall deposit the sum of N100 million as security into the account of
the Federal High Court.
The court held that in case the DSS wanted to interview Dasuki,
such interrogation must be between 9 am and
6 pm of any day, and that he must not be detained.
The court further directed that Dasuki’s international passport
which was currently with the DSS, should be submitted to the chief registrar of
the court.
The court also held that the action instituted before it did not
amount to forum shopping as the other suits mentioned by the Attorney-General
of the Federation involved EFCC, a different party.
The court noted that the submission of Dasuki’s counsel that the
instant fundamental rights enforcement suit was a fresh action, was not
debunked by the DSS.
The court also held that the allegation of money laundering
against the applicant as claimed by the respondents, did not threaten national
security.
The court did not however, award the N5 billion cost against the
DSS as Dasuki had requested.
The AGF, arguing through Mr Dayo Apata, the Solicitor-General of
the Federation, had urged the court to dismiss the motion because it amounted
to forum shopping.
The AGF insisted that litigants could not be allowed to indulge
in forum shopping, adding that Dasuki compromised the fight against Boko Haram
by sharing the money meant for weapons.
The News Agency of Nigeria (NAN) reports that Dasuki had in the
application filed by his counsel, Mr Ahmed Raji, (SAN), asked the court for a
declaration that he was entitled to his fundamental rights to human dignity as
enshrined under Section 35 of the constitution.
He had also prayed for an order compelling the DSS to release
him unconditionally and demanded an order for the DSS to tender a public
apology to him in two national dailies.
NAN reports that five different courts had previously made valid
orders granting Dasuki bail but the DSS had refused to release him.
Counsel to Dasuki, Ahmed Raji, while reacting
to the judgment, said that the judge has rekindled the hope of Nigerians in the
judiciary, and promised that his client would do anything possible to perfect
the bail conditions within a reasonable time.
(NAN)
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