The Supreme Court says the continued detention of former National Security Adviser (NSA, Colonel Sambo Dasuki (Rtd), is not at the instance of the Economic and Financial Crimes Commission (EFCC) that put him on trial over the managemen of $2 billion arms fund.
The apex court held that the bails granted Dasuki in respect of criminal charges brought against him by EFCC have been obeyed having being implemented by the Controller of Prison Kuje on December 29, 2015.
In a judgement in an 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 Ajembi Eko said that the EFCC cannot be held responsible for the continued detention of the Ex-NSA since the detention was carried out by the Department State Service (DSS).
Justice Eko in the unanimous judgement, therefore said that since the bail order was implemented by the Prison Controller it has been obeyed as far as the charges against him at the FCT High Court was concerned.
The court said that from the claims and counter-claims of Dasuki and EFCC, it was clear that he, Dasuki, 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 therefore 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 aginst him by the anti-graft agency.
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 by EFCC.
The bail conditions slammed on Dasuki were met prompting his release from Kuje Prison on December 29, 2015.
Immediately after the release was implemented by the Controller of the Kuje Prison, operatives of DSS swooped on Dasuki, rearrested him, and has since held him in captivity without any fresh allegation, explanation or arraignment since 2015.
