- Dasuki says Buhari has ensured his continuous detention despite the bail granted
- Counsel says President Buhari's statement on national television is still hunting Dasuki
- Defense says the prosecution was at the instance of EFCC and not DSS
Ex-National Security Adviser (NSA), Colonel Sambo Dasuki has blamed President Muhammadu Buhari for his continued detention by the Department of State Security (DSS) since December 29, 2015.
At a court hearing in Abuja today, February 26, Dasuki’s counsel, Joseph Daudu told the court that the president engineered his unlawful detention through his comment at his maiden media chat.
Daudu said despite being granted bail, the president, on national television, said the federal government will not release his client, Dasuki and Nnamdi Kanu (who is currently facing charges for illegal possession of firearms and assisting in the management of an unlawful society).
The counsel said the president 'openly' stated these men have committed heinous crimes against the society and will not be released.
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He also added that his team has filed a further and better affidavit in support of Dasuki’s application, claiming a betrayal by the president during his chat with the media.
Daudu added that his client has been incommunicado since his incarceration, thus delaying his preparation for the allegations leveled against him by the Economic and Financial Crimes Commission (EFCC).
The prosecuting counsel, Rotimi Jacobs also confirmed to the court that his team have been served two applications. At this instance, the defense counsel informed the court that he would like to withdraw one of the applications.
He retained the application accusing the president of his involvement in the prolonged detention of his client.
Also, counsels to first, third, fourth, fifth and sixth defendants informed the court that while they were not served by the first defendant, they do not oppose the withdrawal of the application.
The judge, Peter Affem further struck out the application.
Jacobs said that a lot of new facts were brought in by the defendants in a 16-paragraph affidavit.
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Daudu prayed the court to stay further proceedings on the charges against the second defendant, Dasuki.
He leveraged on the disobedience of the court's order by the Nigerian government and argued that the continued detention of Dasuki has infringed on the fundamental human rights of the second defendant.
Daudu further stated that since his detention, Dasuki has been restricted from making adequate preparation for his trial especially providing the required documents that will aid in his defense.
He also argued that it is obvious that the complainant (EFCC and the DSS) is one and the same, adding that the guise that Dasuki is being held by the SSS and facing charges by the EFCC is unacceptable.
Daudu said before the court, the complainant is seen as the federal republic of Nigeria and all agencies under the FRN is one and the same.
He added that he feels like justice has not been served especially regarding the orders by the court.
"There is a need for the law to be applied in its sterile manner," Daudu said.
But the prosecution in his defense said that the charges against Dasuki was at the instance of the EFCC and not the DSS.
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Jacobs denied that the federal government disobeyed the court orders, explaining that on December 29, 2015 when the bail conditions were perfected, Dasuki was released by the prison authority at Kuje but was later rearrested by another government agency, DSS and not the EFCC.
He asked the court not to grant Dasuki’s application, adding that the DSS, the security agency detaining the former NSA is not a party to the suit against him before Justice Peter Affen.
After listening to the parties, Justice Affen adjourned the matter to Friday, March 4 for ruling on the application