Appeal To Drop Court Charges n Bail Dismissed

Dasuki had gone before the appellate court to challenge the competence of charges the Economic and Financial Crimes Commission, EFCC, preferred against him before two different Judges of the High Court of the Federal Capital Territory at Maitama.

The Abuja Division of the Court of Appeal, yesterday, dismissed two separate appeals by the embattled former National Security Adviser, NSA, Col. Sambo Dasuki, retd, lodged against his ongoing trial over alleged diversion of funds meant for procurement of arms.

He prayed the appellate court to not only discharge him from the charges, but to also set aside the ruling of the high court Judges which declined to void his arrest and detention by the Federal Government since November 3, 2015.

The former NSA was on December 29, 2015, re-arrested by operatives of the Department of State Services, DSS, shortly after he was released from Kuje prison upon perfecting bail conditions handed to him by the trial courts.

In his appeal, Dasuki, through his lead counsel, Mr. J.B. Daudu, SAN, faulted the lower courts for not granting his release after the security agency flouted the bail orders. 

The trial Judges had held that the EFCC was not in contempt of the bail orders since the defendant was re-arrested by the DSS which was not a party in the criminal matter.

However, in his appeal that was dismissed yesterday, Dasuki contended that the lower courts erred in law by not holding the fact that the DSS detaining him and the EFCC responsible for his trial on corruption charges are both agents of the Federal Government which is the complainant in all the charges against him.

The ex-NSA therefore urged the appeal court to set aside the ruling of the trial courts on ground of miscarriage of justice. 

He prayed the appellate court to order the trial high court judges to stop indulging the prosecution in his trial until the bail granted him is obeyed by the Federal Government.

He argued that a party in contempt of court has no right before court to advance any cause. 

Moreover, the notice of appeal was accompanied with a motion on notice which prayed the appellate court to stay proceedings on the criminal trial pending the determination of the substantive appeal.

Nevertheless, in a ruling yesterday evening, a three-man panel of Justices of the appellate court headed by Justice Abdul Aboki, dismissed the appeal as lacking in merit. 

The appellate court declined to either stop the trial or discharge the ex-NSA.

Whereas Dasuki is facing 19-count charge before Justice Hussein Baba-Yusuf bordering on alleged diversion of N32billion from accounts the office of the NSA operated with both the Central Bank of Nigeria and other financial institutions.

He is also answering to another 22-count charge bordering on alleged N19.4billion before Justice Peter Affen of the same high court.