(Godwin Tsa, ABUJA)

Detained former National Security Adviser (NSA) Col. Mohammed Sambo Dasuki (rtd) said he is not afraid to stand trial in the criminal charges slammed against him by the Federal Government.

The ex- NSA, whose application for bail was thrown out by the Court of Appeal, Abuja Division said he is ready to proceed to the Supreme Court of the decision of the appellate court.

Three different High Courts in Abuja had admitted him to bail in the criminal charges filed against him by the federal government,but he is still being held in custody.

He lost on Wednesday, at the Court of Appeal, in his bid to enforce his freedom and to stop his trial in the alleged fraud charges brought against him by government.

However, his counsel Mr. Ahmed Raji SAN confirmed to Daily Sun yesterday that appeal papers have been put together and ready to be filed at the Apex Court against the judgment of the Court of Appeal and the high courts that gave judgment to government on the re-arrest after bail.

The lawyer SAN stated that there were 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.

The appeal at the Apex Court may be filed by his team of lawyers by tomorrow in order to expedite its determination by the justices of the court.

Dasuki had claimed that he was not afraid of trial in the charges of corruption bordering money laundering and breach of trust while he held sway as the National Security Adviser but added that the proper thing must be done by government by respecting the bail granted him lawfully but courts.

He claimed that since government had approached court in his matter, the same government must be fully ready to abide by 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 (DSSS) on the 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.

The Court of Appeal had in its judgment of Wednesday said that Dasuki’s reasons advanced to stop his trial were not tenable to stop the federal government from prosecuting him.

Dasuki had asked the high courts and the Court of Appeal to stop the federal government from further prosecuting in 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.

He therefore filed a motion before the three high courts, asking them to stop his trial and to also stop indulging the federal government until he had been allowed to enjoy the bail.

He lost at the three counts which held in their separate rulings that he had been released on bail before his re-arrest and that they have no reason to stop his re-arrest by agencies with statutory powers to do so.

At the Court of Appeal in Abuja where he had appealed against the two of the three high court rulings, Dasuki was told by the appellate court that the high courts were rights in their decisions to reject his prayers to stop the his trial and to also barred government from being heard in the courts.

The appellate court in its judgment delivered by Justice Abdul Aboki held that the appeal lacked merit and substance and consequently dismissed it.
In an unanimous judgment of the full panel of the court, it 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 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 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.