Sambo Dasuki, former national security adviser, on Friday, told a Federal Capital Territory (FCT) high court, Abuja that President Muhammadu Buhari is behind his unlawful arrest and detention without trial since December 29, 2015.
Dasuki, who spoke through his counsel, Joseph Daodu (SAN), claimed that Buhari instigated his detention unjustly against the bail granted him by three different courts, by his comments during the presidential media chat in December 2015.
In an affidavit filed in support of his application at the court, the former NSA claimed that the president betrayed the emotion during the presidential media chat when he openly told Nigerians that he (Dasuki) and Nnamdi Kanu could not be allowed bail because they would jump it.
Dasuki claimed he had been held incommunicado since his re-arrest. He therefore asked Justice Peter Affen to prohibit his further trial until the federal government purged itself of the contempt of court which prevented him from filing effective defence because of his continued detention by Department of State Services (DSS) without having access to his lawyers. The defendant exhibited several newspaper cuttings in support of his motion to stop his trial, adding that the newspaper publications were the comments of Buhari during the media chat to the effect that he (Dasuki) and Nnamdi Kanu should not be allowed to go home even if granted bail by any court, and that the publications had not been refuted by the presidency.
Daodu, who led a retinue of lawyers on behalf of his client, urged Justice Affen to enforce his order granting bail to Dasuki. He also stated that the claim that Dasuki was being held by the DSS and not the Economic and Financial Crimes Commission (EFCC) could not hold water because the federal government was the complainant in the charge against his client and that both the DSS and EFCC were agents of the federal government.
Opposing the application, the counsel to the federal government, Rotimi Jacob, informed Justice Affen that the charge against Dasuki was at the instance of the EFCC and not the DSS. He denied that the federal government disobeyed the court, explaining that on December 29, 2015 when the bail conditions were perfected, Dasuki was released by the prison authorities at Kuje, but was however rearrested by another government agency.
Jacob asked the court not to grant Dasuki’s application because the DSS, which rearrested him, was not a party to the charges against him before Justice Affen, who granted him the bail. On the newspaper publications, Jacob claimed that they were not tenable before the court because they had not been certified as required by law.
After listening to parties, Justice Affen fixed March 4 to give ruling on the application.