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Detention: Dasuki wants Usoro, Falana, Olanipekun, Agbakoba to intervene


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Nigeria

IMAGE: Former National Security Adviser Col. Sambo Dasuki Arriving in Court »

Jan.10.2019

Ade Adesomoju

Sambo Dasuki has requested the Federal High Court in Abuja to invite some Senior Advocates of Nigeria to address issues relating to his continued alleged illegal detention.

The SANs comprise the incumbent NBA President, Mr Paul Usoro, his predecessors, Chief Wole Olanipekun and Mr Olisa Agbakoba.

Others are Mr Femi Falana, a professor of Law, Konyinsola Ajayi, and Mr Onyechi Ikpeazu.

“I know as a fact that the above enumerated amici curiae have been listed because they are major legal giants and stakeholders in the legal profession,”  the former National Security Adviser stated in the supporting affidavit he filed along with his fresh application on January 8, 2019.

The retired military officer said the court was at liberty to invite others it might deem fit.

Justifying his request to have the senior lawyers invited as amici curiae (friends of the court), Dasuki argued that his continued detention in violation of court orders had far-reaching implications on criminal proceedings,  the viability of the Nigerian Constitution and the authority of the bench in the country.

 In the affidavit he filed in support of the fresh application, Dasuki accused the Attorney General of the Federation and Minister of Justice, Mr Abubakar Malami (SAN), of not finding anything wrong with the alleged continued violation of the court orders.

He stated,  “There is an imminent threat of absolute subversion of the rule of law, the constitution,  the authority of the bench and the practice of law in Nigeria.

“This honourable court has inherent powers to invite and or request contributions from the enumerated amici  curiae on their views with respect to the issues raised for consideration in the said application.”

The ex-NSA filed the application through his lawyer, Mr  Adeola Adedipe, on January 8, 2019 to back his broader contention that the AGF and the Federal Government, in general, should not be allowed to continue to prosecute him without complying with the court orders directing that he be released from custody.

The fresh application specifically requests the judge to invite the senior lawyers as amici curiae to make contributions during the hearing of  Dasuki’s earlier application filed on December 11, 2018.

In the said previous application of December 11, 2018,  he  sought “an order to adjourn sine die (indefinitely) the trial and/or further trial of the defendant in this case pending compliance with  the complainant with this honourable court’s judgment per (delivered by) Hon Justice Ijeoma Ojukwu on July 2, 2018”.

Justice Ahmed Mohammed during the proceedings of December 11, 2018, adjourned till Wednesday for the hearing of the said application.

But the defence team led by Adedipe on Wednesday said they were compelled to file the fresh application due to the “far-reaching” implications of his client’s continued detention.

Speaking during the resumed proceedings, the lawyer prosecuting the ex-NSA for corruption charges on behalf of the AGF, Mr  Dipo Okpeseyi (SAN), said the fresh application filed on Tuesday was intended “to arrest the hearing of the December 11, 2018 application”.

He said having been just served, he needed some days to respond to it.

Dasuki, who has been in the custody of the Department of State Service since December 29, 2015, was absent from Wednesday’s proceedings.

In November 2018,  he wrote to the court that he no longer wanted to attend his trial until the government complied with the court orders directing that he should be released from custody.

Due to his consistent absence from court and upon an application by the prosecution, Justice Mohammed on November 19, 2018 evoked the provision of section 352(4) of the Administration of Criminal Justice Act 2015 by ordering that the trial would continue with or without the defendant’s presence in court.

Article Credit: Punch Newspaper

Updated 3 Months ago
 

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Tags:     Sambo Dasuki     Detention     Paul Usoro     Wole Olanipekun     Olisa Agbakoba.

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