A Federal Capital Territory High Court on Monday dismissed the application of counsel to the former National Security Adviser, Sambo Dasuki, seeking a stay of proceeding.
Mr. Dasuki’s counsel, Joseph Daudu had applied for stay of proceeding in the allegation of diversion of N19 billion by Mr. Dasuki while he was NSA.
The Economic and Financial Crimes Commission said the money is part of funds meant for the purchase of arms in the fight against terror.
Mr. Daudu had asked the court to stay proceeding on the grounds that his client was rearrested shortly after being granted bail by a Federal High Court.
He said the EFCC and the State Security Service, which charged him before Justice Ademola Adeniyi of the Federal High Court, were both an arm of government, hence the EFCC should not have gone ahead to re-arrest him after he was granted bail by a sister court.
Mr. Daudu contended that the re-arrest of his client amounted to contempt of court since his client was due to enjoy his bail, after meeting all of the bail terms.
He prayed the court to enforce a suspension of the current charge against him, until such a time when the prosecution (government) obeys court order.
But counsel to the EFCC, Rotimi Jacobs, told the court that the prosecution in the current allegation is not the federal government but the EFCC.
He argued that the EFCC is just an arm of government like the SSS, but that both arms operated separately by the provisions of the constitution.
Mr. Jacobs further argued that the court that granted Mr. Dasuki bail was as different from the FCT High Court as the arm of government, which took him to court in the previous allegation.
He stated that Mr. Dasuki and his counsel cannot bring an allegation of contempt of court before Justice Huseini Baba-Yusuf, when the bail in question was granted by Justice Adeniyi of the Federal High Court.
He therefore prayed the court to dismiss the application.
In his ruling, Mr. Baba-Yusuf said there was no court order that prevented the re-arrest of Mr. Dasuki if found wanting by any law enforcement arm of government.
He added that the submission of the applicant that the SSS and the EFCC were one and the same has no legal backing.
The judge therefore dismissed the application for lacking in merit.
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