A High Court in Abuja has refused the application by former National Security Adviser (NSA), retired Col. Sambo Dasuki seeking to stop his trial for alleged diversion of arms funds.
In his rulng, Justice Hussein Baba-Yusuf on Monday said, the prosecuting agency, the Economic and Financial Crimes Commission (EFCC) was not the agency that re-arrested Dasuki following his bail, rather it Department of State Service (DSS)
He described the re-arrest of Dasuki as an act of a ‘stranger’ to the case, explaining that DSS, which re-arrested him at the Kuje Prisons, is not a party in the case before the court and not guilty of contempt of the order of the court.
In the application filed January 22 by Dasuki’s counsel Joseph Daudu (SAN), he asked for Dasuki’s discharge on the grounds that the allegation cannot not lawfully be prosecuted by a government that is in brazen disobedient of a lawful court order.
The court had on December 18, 2015 granted bail to Dasuki after he was arraigned along with on December 14, 2015 along with Salisu Shuaibu, a former Director of Finance at the NSA’s office; Aminu Baba-Kusa, a former Group Executive Director of NNPC; Acacia Holdings Ltd, and Reliance Referral Hospital Ltd on 19-counts charges of diversion of funds totaling N32 billion.
The judge advised the defendant to file an application for fundamental rights enforcement against the DSS.