By Alex Enumah in Abuja
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The Supreme Court, Abuja on Friday dismissed the appeal filed by former National Security Adviser (NSA), Col. Sambo Dasuki (rtd.) challenging his continued detention by the Federal government.
The apex court in a unanimous decision dismissed the appeal on the grounds that he (Dasuki) was not being held by the Economic and Financial Crimes Commission (EFCC) that is prosecuting him on alleged corruption and abuse of office.
According to the apex court, the bails granted Dasuki in respect of criminal charges brought against him by EFCC had been obeyed having been implemented by the Controller of Prison, Kuje on December 29, 2015.
Delivering judgement in the appeal filed by Dasuki to challenge his continued detention and praying for suspension of his trial pending the time the bail orders were obeyed by government, Justice Ejembi Eko, held that the EFCC could not be held responsible for the continued detention of Dasuki, since his detention was by the Department of State Service (DSS).
Justice Eko, while delivering the unanimous judgement of the panel stated further that, since the bail order was implemented by the Prison Controller, it had been obeyed as far as the charges against Dasuki at the FCT High Court was concerned.
According to the Supreme Court, going by the claims and counter-claims of Dasuki and EFCC, it was clear that the appellant was rearrested at the premises of the Kuje Prison on December 29, 2015 by DSS.
The Supreme Court therefore affirmed the decision of the Court of Appeal and the FCT High Court which had in their separate decisions held that EFCC cannot be held responsible for the detention of Dasuki by DSS.
Justice Eko said the appeal brought by Dasuki lacked merit and constituted abuse of court process and consequently dismissed it.
The Court ordered Dasuki and EFCC to go back to the FCT High Court to continue with the trial in the charges brought against him by the anti-graft agency.Â
It will be recalled that the Federal High Court under Justice Adeniyi Ademola, FCT High Court under Justice Peter Affem and another FCT High Court under Justice Hussein Baba Yusuf had at different time granted bail to the ex-NSA in the three charges filed against him by EFCC.
Dasuki met the conditions attached to his bail and was released from Kuje Prison on December 29, 2015, however, operatives of DSS swooped on him immediately at the premises of the Prisons and rearrested him.
He has since remained in the custody of the DSS, who are yet to file any fresh charge against him or explain the rationale behind his continued detention.
