He said the government and his agencies have no moral and legal rights to prosecute Dasuki having been in contempt of three high courts that had admitted him on bail but which were not obeyed.
An Abuja High Court will on Monday February 8, rule on whether to discharge former National Security Adviser (NSA) Col. Sambo Dasuki from the criminal charges brought against him by the Federal Government.
Justice Hussein Baba-Yusuf fixed the adjourned date after counsel to Dasuki, Mr. Joseph Daudu, SAN and counsel to Federal Government, Mr. Rotimi Jacobs, SAN, had addressed the court on a motion praying for the release of Dasuki.
In the motion argued by Dasuki’s counsel, the court was urged to prohibit the Federal Government from further prosecuting him or further seeking any indulgence from the court until the bail granted Dasuki is allowed to be enjoyed.
Daudu argued that the Federal Government cannot lawfully prosecute Dasuki having been in contempt of the court.
He premised his arguments on the fact that Justice Yusuf had on December 18 last year granted Dasuki bail and that after perfecting the bail conditions, he was allegedly rearrested on the order of the Federal Government and was taken to the custody of the Department of the State Security Service (DSS).
He said that since Dasuki was rearrested on December 29, when the bail conditions had been perfected, he had since been kept away from his lawyers and family members.
The counsel, therefore, urged the court to compel the Federal Government to obey the bail conditions granted Dasuki and allow him to enjoy the liberty of freedom in line with the law that presumed him innocent until contrary was proved.
Daudu also urged the court that it should compel the federal government to obey the court order and save the judiciary from embarrassment of disobedience.
“Judges must assert the efficacy of their orders,” he concluded.
However, while opposing the motion, counsel to the Federal Government, Mr. Rotimi Jacobs, informed the Judge that the motion was an abuse of the court process because there was no evidence placed before the court that the accused was rearrested by the Economic and Financial Crimes Commission (EFCC).
Rotimi, who claimed to be representing EFCC in the instant case, disclosed that it was the DSS, another arm of the security agency of the Federal Government that re-arrested Dasuki.
He advised Dasuki to evoke section 46 of the constitution and institute a civil action to challenge his arrest and enforce his fundamental right to his liberty.
Justice Baba Yusuf will on Monday deliver his ruling on the motion
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