Justice Baba Yusuf reaffirmed the bail on Mr. Dasuki on the ground that he was entitled to it and having been admitted to same since 2015 when the federal government brought criminal charges against him.
Mr. Dasuki and five others were re-arraigned before Justice Baba Yusuf on the criminal charges that were transferred from Justice Peter Affen of the FCT High Court to the new court.
However after the 22 charges were read to the six defendants and all pleaded not guilty, counsel to Mr. Dasuki, Ahmed Raji, applied to the court to reaffirm the bail granted to the ex-NSA even though he has not been allowed to enjoy same since December 2015.
The counsel submitted that it was on record that the FCT High Court 24 admitted Mr. Dasuki on bail before he was illegally arrested and detained by the State Security Services (SSS).
Mr. Raji argued that with the transfer of the case from Justice Affen to Justice Baba Yusuf, the SSS had been separated from the matter, adding that the court record indicated that the ex-NSA was being prosecuted by the Economic and Financial Crimes Commission (EFCC) and not SSS.
The counsel further said that the illegal act of SSS should not be used to divest the court of its power to reaffirm the bail granted Mr. Dasuki earlier because he is entitled to it.
He urged Justice Baba Yusuf to adopt the bail conditions earlier granted Mr. Dasuki before Justice Affen and reaffirm same in the interest of justice.
The counsel argued that it is wrong of the prosecution counsel, Rotimi Jacobs, to have objected to the reaffirmation of the bail condition on Mr. Dasuki.
He said that Mr. Dasuki has in his possession a judgment of the ECOWAS Court which last year set aside the unlawful detention of the Ex-NSA and also imposed a fine of N15,000,000 on the Federal Government as compensation to his client.
Another Senior Advocate of Nigeria, Lateef Fagbemi, who spoke as a friend of the court, argued that there was no dispute that Mr. Dasuki was granted bail but has not been released by the SSS to enjoy the bail.
The senior counsel described the action of SSS as most unfortunate and urged Justice Yusuf to resist the temptation of being drawn into the illegality of actions of the SSS on Mr. Dasuki.
The Federal Government Counsel, Mr. Jacobs, told the court that he had no objection to the affirmation of the bail earlier granted to five other defendants in the trial.
He however urged the judge not to make any pronouncement or order in respect of the bail for Mr. Dasuki since he had not been allowed to enjoy any bail.
“Court must not act in vain, there is no point making an order in vain. Dasuki has been in the custody of the DSS since 2015 and is still there till today,” he said.
However in his brief ruling, Justice Yusuf said that it was an undisputable fact that ex-NSA was granted bail in 2015 and that it would be in the interest of justice to reaffirm the same bail irrespective of the action of another arm of the security agencies.
The judge adjourned trial in the matter to February 24, 2016.
Others charged along with Mr. Dasuki are former Finance Minister of State, Bashir Yuguda; a former Director of Finance and Administration in the Office of the National Security Adviser(ONSA), Shuaibu Salisu; Dalhatu Investment; Sagir Attahiru Bafarawa and a former Sokoto State governor, Attahiru Bafarawa.
They were charged with corruption and breach of trust contrary to Section 215 of the Penal Code and Section 17B of the EFCC Act 2004.
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