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Dasuki Set For Supreme Court Over Fg’s Denial Of Freedom After 3 Bails - Politics - Nairaland

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Dasuki Set For Supreme Court Over Fg’s Denial Of Freedom After 3 Bails by DONSMITH123(m): 3:51pm On Jun 16, 2016
Former National Security Adviser (NSA) Col. Mohammed Sambo Dasuki (rtd) is now set to storm the Supreme Court to press for his freedom denied him by the federal government after three different High Courts in Abuja had admitted him to bail in the criminal charges filed against him by the government.
The ex NSA had on Wednesday at the Court of Appeal in Abuja lost his bid to enforce his freedom after he had secured bails on all the charges against him.

Dasuki’s lawyer, Mr. Ahmed Raji, SAN confirmed that appeal papers have been put together to be filed at the Apex Court to challenge the judgement of the Court of Appeal and the High court that gave judgement to the government on the re-arrest after bail.

The SAN said that there are sufficient grounds for his client to approach the Supreme Court to seek the enforcement of his freedom from detention ordered by the federal government after he had been granted bail by three Judges who are prosecuting him on the charges.

Dasuki said that he was not afraid of trial in the charges against him as a former National Security Adviser, but added that the proper thing must be done by the government by respecting the bail granted him lawfully by courts.

He claimed that since government had approached the court in his matter, the same government must be fully ready to abide by the court decisions in the interest of justice and the rule of law.

The ex-NSA had been admitted to bail by three different High Courts in Abuja but he was re-arrested on December 29, 2015 by operatives of the Department of the State Security Service (DSS) on an alleged order of the federal government and had since been held incommunicado.

But the government in its defence in a motion on notice filed in court claimed that Dasuki being a Crown Prince of Sokoto Caliphate had large sympathizers across the length and breadth of the country who may jeopardize his trial if allowed on bail.

Dasuki had asked the High Court and the Court of Appeal to stop the federal government from further prosecuting the criminal charges until the bail granted him is obeyed and also pleaded that the courts should no longer grant indulgence to the federal government having been in contempt of the courts by the refusal to allow him freedom after the bail.

In a unanimous judgement of the full panel of the court delivered by Justice Abdul Aboki, the Appeal Court upheld the submission of the Economic and Financial Crimes Commission (EFCC), which put Dasuki on trial, that it was not in contempt of any court order because the re-arrest of the appellant (Dasuki) in December last year was not at its (EFCC) instance.

Justice Aboki said that from the submissions of the appellant counsel, Mr. Joseph Daudu (SAN) and the EFCC counsel, Mr. Rotimi Jacobs (SAN), the bail condition granted Dasuki was perfected on December 29, last year and that a warrant of released to that effect was served on the Comptroller of Prisons in Kuje, upon which he was released.

On his re-arrest by the operatives of the Department of the State Security Service (DSS), the Appeal Court agreed with the Abuja High Court that the re-arrest cannot be turned to a disobedience to its order on bail because the court bail was not targeted at the DSS when it was granted.

The appellate court also said that the EFCC which put Dasuki on trial on criminal charges at the FCT High Court cannot be held responsible for the action of the DSS on the ground that the two agencies are different entities established by different Acts and vested with different powers.

Besides, the appeal court said there was no existing order against the re-arrest of Dasuki and that since there is no existing order, there cannot be a disobedience to a non-existing court order.

The court held that the appellant ought to have established the terms of court order on the bail clearly to indicate in clear terms, the agency that can be held for contempt if the order is violated.

In the appeal, the court said that form 48, which deals with contempt of court, was not served on either EFCC or DSS and as such, the two agencies cannot be held liable for the offense of contempt.

Justice Aboki, therefore, held that there was no violation of any court order either by DSS or EFCC in respect of the bail granted Dasuki on December 18, 2015 and his subsequent re-arrest on December 29, 2015 by DSS operatives, shortly after he perfected his bail condition and secured freedom.

However, the Appeal Court warned that court order must be obeyed and the issue of bail was a right to any person charged to court adding that any act of disobedience to court order by government is injurious to smooth running of the society and it is an invitation to anarchy.

Dasuki had approached the Court of Appeal praying it to set aside the ruling of an Abuja High Court which exonerated EFCC from his re-arrest shortly after he perfected his bail conditions.

He asked the appellate court to void the ruling of the High Court and set it aside on the ground that DSS and EFCC are both agents of the Federal Government which is the complainant in the charges against him at the High Court.



http://dailypost.ng/2016/06/16/dasuki-set-for-supreme-court-over-fgs-denial-of-freedom-after-3-bails/

Re: Dasuki Set For Supreme Court Over Fg’s Denial Of Freedom After 3 Bails by OsusuMustFlow(f): 3:54pm On Jun 16, 2016
grin grin
Re: Dasuki Set For Supreme Court Over Fg’s Denial Of Freedom After 3 Bails by DONSMITH123(m): 3:55pm On Jun 16, 2016
The ex-NSA had been admitted to bail by three different High Courts in Abuja but he was re-arrested on December 29, 2015 by operatives of the Department of the State Security Service (DSS) on an alleged order of the federal government and had since been held incommunicado.

But the government in its defence in a motion on notice filed in court claimed that Dasuki being a Crown Prince of Sokoto Caliphate had large sympathizers across the length and breadth of the country who may jeopardize his trial if allowed on bail.



Nice one.

6 Likes

Re: Dasuki Set For Supreme Court Over Fg’s Denial Of Freedom After 3 Bails by VampireeM(f): 4:00pm On Jun 16, 2016
So father Christmas Dasuki and his tormentor PMB are still on this bail issue.. They can as well head to "heavenly court". Whether he is released on bail or not, IDGAF

3 Likes

Re: Dasuki Set For Supreme Court Over Fg’s Denial Of Freedom After 3 Bails by mrvitalis(m): 4:11pm On Jun 16, 2016
Let the court decide it....

And since the appeal court is against the bail so were are the disobedience of court order

As far as I know there is no standing bail order that's the fedral government is disobeying

6 Likes 2 Shares

Re: Dasuki Set For Supreme Court Over Fg’s Denial Of Freedom After 3 Bails by OnankpaBa(m): 4:12pm On Jun 16, 2016
yam eater.

2 Likes 1 Share

Re: Dasuki Set For Supreme Court Over Fg’s Denial Of Freedom After 3 Bails by OnankpaBa(m): 4:13pm On Jun 16, 2016
my girl friend. you don start again bah?


VampireeM:
So father Christmas Dasuki and his tormentor PMB are still on this bail issue.. They can as well head to "heavenly court". Whether he is released on bail or not, IDGAF
Re: Dasuki Set For Supreme Court Over Fg’s Denial Of Freedom After 3 Bails by VampireeM(f): 4:29pm On Jun 16, 2016
OnankpaBa:
my girl friend. you don start again bah?

wetin I do this time? You and your best friend I no understand una gf title o.. lol
Re: Dasuki Set For Supreme Court Over Fg’s Denial Of Freedom After 3 Bails by OnankpaBa(m): 4:40pm On Jun 16, 2016
Sir Don has given up. he has asked me to take over. am now in charge fully. grin grin

VampireeM:


wetin I do this time? You and your best friend I no understand una gf title o.. lol
Re: Dasuki Set For Supreme Court Over Fg’s Denial Of Freedom After 3 Bails by VampireeM(f): 4:53pm On Jun 16, 2016
OnankpaBa:


Sir Don has given up. he has asked me to take over. am now in charge fully. grin grin


Lol.. Take over?? You men should face your wives o and lemme. I'm unavailable cheesy
Re: Dasuki Set For Supreme Court Over Fg’s Denial Of Freedom After 3 Bails by salabscholar01(m): 4:57pm On Jun 16, 2016
ok
Re: Dasuki Set For Supreme Court Over Fg’s Denial Of Freedom After 3 Bails by lilprinze: 4:57pm On Jun 16, 2016
If EFCC dont have any concrete evidence that he stole money I don know the use of detaining him.

2 Likes

Re: Dasuki Set For Supreme Court Over Fg’s Denial Of Freedom After 3 Bails by VocalWalls: 4:59pm On Jun 16, 2016
Nawa oh...
So after he had sang like a bird he's still not free? I really do pity him sha, but then again, when I remember the many pains of millions of Nigerians, I just switch off every emotion.
We have suffered enough. Easy Ways To Get A New Home in An Old House
Re: Dasuki Set For Supreme Court Over Fg’s Denial Of Freedom After 3 Bails by photoshoot(m): 4:59pm On Jun 16, 2016
Do you need supreme court? Thought iPod decided to fight for you..... undecided

7 Likes 1 Share

Re: Dasuki Set For Supreme Court Over Fg’s Denial Of Freedom After 3 Bails by Nobody: 5:01pm On Jun 16, 2016
[size=18pt] cheesy i just love dictatorship. God bless Buhari, fuuuck court judgments tongue[/size]

3 Likes 2 Shares

Re: Dasuki Set For Supreme Court Over Fg’s Denial Of Freedom After 3 Bails by Hackerjay(m): 5:02pm On Jun 16, 2016
Hmm... So this man still get boldness after all the looted money...

Www.obagoblog.com
Re: Dasuki Set For Supreme Court Over Fg’s Denial Of Freedom After 3 Bails by Nobody: 5:02pm On Jun 16, 2016
It is his right! He should seek of an legal means he can

1 Like

Re: Dasuki Set For Supreme Court Over Fg’s Denial Of Freedom After 3 Bails by Nobody: 5:06pm On Jun 16, 2016
Hez just wasting his time, Mr Buhari is the law and doesn't take instructions from mortal men judges.
Mr Dasuki, your beef with Buhari is personal, na only you dey waka go there. If Bubu vex too much, he would probe ur lawyers, claiming they're partaking in eating the stolen yams.

2 Likes 1 Share

Re: Dasuki Set For Supreme Court Over Fg’s Denial Of Freedom After 3 Bails by OnankpaBa(m): 5:07pm On Jun 16, 2016
face which wife? no try me o. after collecting all my salary?

VampireeM:


Lol.. Take over?? You men should face your wives o and lemme. I'm unavailable cheesy
Re: Dasuki Set For Supreme Court Over Fg’s Denial Of Freedom After 3 Bails by amakenny: 5:08pm On Jun 16, 2016
Buhari's lack of basic secondary school education is what makes him not recognize the difference between the executive arm and judicial arm of government.
How could a judge give orders and a president disobeyed the orders without another judge giving a contrary order?

7 Likes 1 Share

Re: Dasuki Set For Supreme Court Over Fg’s Denial Of Freedom After 3 Bails by PassingShot(m): 5:08pm On Jun 16, 2016
Waste of time.

amakenny:
Buhari's lack of basic secondary school education is what makes him not recognize the difference between the executive arm and judicial arm of government.
How could a judge give orders and a president disobeyed the orders without another judge giving a contrary order?
See the person saying someone lacks basic education!

If you had quality basic education you would have seen that no court order was flouted.
In a unanimous judgement of the full panel of the court delivered by Justice Abdul Northerner, the Appeal Court upheld the submission of the Economic and Financial Crimes Commission (EFCC), which put Dasuki on trial, that it was not in contempt of any court order because the re-arrest of the appellant (Dasuki) in December last year was not at its (EFCC) instance.

4 Likes

Re: Dasuki Set For Supreme Court Over Fg’s Denial Of Freedom After 3 Bails by crazymod: 5:09pm On Jun 16, 2016
DONSMITH123:
Former National Security Adviser (NSA) Col. Mohammed Sambo Dasuki (rtd) is now set to storm the Supreme Court to press for his freedom denied him by the federal government after three different High Courts in Abuja had admitted him to bail in the criminal charges filed against him by the government.
The ex NSA had on Wednesday at the Court of Appeal in Abuja lost his bid to enforce his freedom after he had secured bails on all the charges against him.

Dasuki’s lawyer, Mr. Ahmed Raji, SAN confirmed that appeal papers have been put together to be filed at the Apex Court to challenge the judgement of the Court of Appeal and the High court that gave judgement to the government on the re-arrest after bail.

The SAN said that there are sufficient grounds for his client to approach the Supreme Court to seek the enforcement of his freedom from detention ordered by the federal government after he had been granted bail by three Judges who are prosecuting him on the charges.

Dasuki said that he was not afraid of trial in the charges against him as a former National Security Adviser, but added that the proper thing must be done by the government by respecting the bail granted him lawfully by courts.

He claimed that since government had approached the court in his matter, the same government must be fully ready to abide by the court decisions in the interest of justice and the rule of law.

The ex-NSA had been admitted to bail by three different High Courts in Abuja but he was re-arrested on December 29, 2015 by operatives of the Department of the State Security Service (DSS) on an alleged order of the federal government and had since been held incommunicado.

But the government in its defence in a motion on notice filed in court claimed that Dasuki being a Crown Prince of Sokoto Caliphate had large sympathizers across the length and breadth of the country who may jeopardize his trial if allowed on bail.

Dasuki had asked the High Court and the Court of Appeal to stop the federal government from further prosecuting the criminal charges until the bail granted him is obeyed and also pleaded that the courts should no longer grant indulgence to the federal government having been in contempt of the courts by the refusal to allow him freedom after the bail.

In a unanimous judgement of the full panel of the court delivered by Justice Abdul Aboki, the Appeal Court upheld the submission of the Economic and Financial Crimes Commission (EFCC), which put Dasuki on trial, that it was not in contempt of any court order because the re-arrest of the appellant (Dasuki) in December last year was not at its (EFCC) instance.

Justice Aboki said that from the submissions of the appellant counsel, Mr. Joseph Daudu (SAN) and the EFCC counsel, Mr. Rotimi Jacobs (SAN), the bail condition granted Dasuki was perfected on December 29, last year and that a warrant of released to that effect was served on the Comptroller of Prisons in Kuje, upon which he was released.

On his re-arrest by the operatives of the Department of the State Security Service (DSS), the Appeal Court agreed with the Abuja High Court that the re-arrest cannot be turned to a disobedience to its order on bail because the court bail was not targeted at the DSS when it was granted.

The appellate court also said that the EFCC which put Dasuki on trial on criminal charges at the FCT High Court cannot be held responsible for the action of the DSS on the ground that the two agencies are different entities established by different Acts and vested with different powers.

Besides, the appeal court said there was no existing order against the re-arrest of Dasuki and that since there is no existing order, there cannot be a disobedience to a non-existing court order.

The court held that the appellant ought to have established the terms of court order on the bail clearly to indicate in clear terms, the agency that can be held for contempt if the order is violated.

In the appeal, the court said that form 48, which deals with contempt of court, was not served on either EFCC or DSS and as such, the two agencies cannot be held liable for the offense of contempt.

Justice Aboki, therefore, held that there was no violation of any court order either by DSS or EFCC in respect of the bail granted Dasuki on December 18, 2015 and his subsequent re-arrest on December 29, 2015 by DSS operatives, shortly after he perfected his bail condition and secured freedom.

However, the Appeal Court warned that court order must be obeyed and the issue of bail was a right to any person charged to court adding that any act of disobedience to court order by government is injurious to smooth running of the society and it is an invitation to anarchy.

Dasuki had approached the Court of Appeal praying it to set aside the ruling of an Abuja High Court which exonerated EFCC from his re-arrest shortly after he perfected his bail conditions.

He asked the appellate court to void the ruling of the High Court and set it aside on the ground that DSS and EFCC are both agents of the Federal Government which is the complainant in the charges against him at the High Court.



http://dailypost.ng/2016/06/16/dasuki-set-for-supreme-court-over-fgs-denial-of-freedom-after-3-bails/

One man can not cook food that can satisfy the whole country but when the whole country cook for one person, HE CAN NEVER FINISH IT.

Presidency have what they call veto power. Hate him or you love him, it doesn't matter.
THIS IS WHY USA HAVE GUANTANAMO BAY WHERE COURT HAVE NO SAY.

2 Likes

Re: Dasuki Set For Supreme Court Over Fg’s Denial Of Freedom After 3 Bails by agabusta: 5:09pm On Jun 16, 2016
amakenny:
Buhari's lack of basic secondary school education is what makes him not recognize the difference between the executive arm and judicial arm of government.
How could a judge give orders and a president disobeyed the orders without another judge giving a contrary order?

Kindly maintain your silence if you dont understand legal matters. That you are granted bail for one offence while being tried by one Fed Govt Agency does not mean you cannot be arrested by another govt agency for another offence.

Why are you turning a blind eye to the submission of the Appeal court. Or you are more knowledgeable in legal matters than the Appeal court judges??

No order was disobeyed. The court granted him bail when being tried by the EFCC. He was released from the Nigerian Prison custody after the bail was perfected but was arrested by DSS for another offence and is being tried in court on that.

3 Likes

Re: Dasuki Set For Supreme Court Over Fg’s Denial Of Freedom After 3 Bails by Aroh48(m): 5:09pm On Jun 16, 2016
Dasuki,that name remind me of looting.
Re: Dasuki Set For Supreme Court Over Fg’s Denial Of Freedom After 3 Bails by Nobody: 5:10pm On Jun 16, 2016
He will lose and remain in detention till he is convicted.
Re: Dasuki Set For Supreme Court Over Fg’s Denial Of Freedom After 3 Bails by Runaway: 5:11pm On Jun 16, 2016
What has happen to rule of law? Or are we still having impunity?
Re: Dasuki Set For Supreme Court Over Fg’s Denial Of Freedom After 3 Bails by obalove(m): 5:11pm On Jun 16, 2016
this is a touching story... But bros am sowie Cos i n get PITY
Re: Dasuki Set For Supreme Court Over Fg’s Denial Of Freedom After 3 Bails by DONSMITH123(m): 5:12pm On Jun 16, 2016
cheesy
OnankpaBa:


Sir Don has given up. he has asked me to take over. am now in charge fully. grin grin

Re: Dasuki Set For Supreme Court Over Fg’s Denial Of Freedom After 3 Bails by TallPck1(m): 5:13pm On Jun 16, 2016
.
Re: Dasuki Set For Supreme Court Over Fg’s Denial Of Freedom After 3 Bails by Hardaysheenar(m): 5:13pm On Jun 16, 2016
Welkm to Nigeria..where criminals use lawyers as back up!...only God knows wat ds pple ar turning 2...criminals, looters who ar meant 2 cover their shame faces in public ar even claiming for freedom of everyfin....But I don't knw wat s still kipin d man waitin 4rm being tried and jailed if he is found guilty...JUSTICE MUST PREVAIL!
Re: Dasuki Set For Supreme Court Over Fg’s Denial Of Freedom After 3 Bails by lanaVello(m): 5:14pm On Jun 16, 2016
d
crazymod:

One man can not cook food that can satisfy the whole country but when the whole country cook for one person, HE CAN NEVER FINISH IT.
Presidency have what they call veto power. Hate him or you love him, it doesn't matter.
THIS IS WHY USA HAVE GUANTANAMO BAY WHERE COURT HAVE NO SAY.
veto power doesn't actually give him right to flout court orders. although some level of corruption can b so deep at times and impossible to prove in court

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