Lagos lawyer Femi Falana, SAN has urged President Muhammadu Buhari to order the release of former National Security Adviser Col. Sambo Dasuki (retd) on bail in compliance with the verdicts of Federal High Court, Federal Capital Territory High Court and Economic Community of West African States (ECOWAS) Court.
The human rights lawyer, in a statement, said this would assure the international community of the commitment of the Federal Government to respect the rule of law and the sanctity of fundamental freedoms at the domestic and international levels.
The statement reads: “About two years ago, Col. Dasuki (retd) was charged with treasonable felony at the Federal Capital Territory High Court and money laundering at the Federal High Court. Both trial courts admitted the defendant to bail pending trial. Even though the defendant met the stringent bail conditions, the Federal Government refused to release him on bail in a brazen demonstration of official impunity.
“It was at that juncture that the defendant dragged the Federal Government to the Court of Justice of ECOWAS to justify his illegal detention. In its ruling on the matter, the ECOWAS Court declared the detention of the defendant illegal, null and void, awarded N15 million damages in his favour and ordered the Federal Government to comply with the orders of the Federal High Court and Federal Capital Territory High Court by admitting the defendant to bail pending trial forthwith.
“Based on the contemptuous action of the Federal Government, the defendant raised a preliminary objection to the substantial trial at the High Courts. The preliminary objection was fought up to the Supreme Court. In a curious ruling, the apex court held that the prosecution by the Economic and Financial Crimes Commission (EFCC) could not be halted on the ground that the defendant was being detained by the State Security Service and that the defendant ought to have challenged his detention in a separate civil action.
“Pursuant to the verdict of the Supreme Court, the defendant filed a fresh action at the Federal High Court for the enforcement of his fundamental right to personal liberty. In a judgment delivered last week, the Federal High Court declared the detention of the defendant illegal and unconstitutional and ordered his release on bail pending trial. Although the defendant has once again met the bail conditions, the Federal Government has once again refused to release him on bail in line with the terms of the latest judgment of the Federal High Court.”
Falana added: “However, in a speech to mark the 20th anniversary of the International Criminal Court (ICC) at The Hague, Netherland yesterday, President Buhari said that the co-operation of Nigeria with the court ‘is borne out of our strong belief in the respect for the rule of law and human rights, and in our firm commitment to the sanctity of fundamental freedoms at international and domestic levels as ingrained in the objectives for establishing the court’.
“Having assured the international community of the commitment of the Federal Government to respect the rule of law and the sanctity of fundamental freedoms at the domestic and international levels President Buhari ought to order immediate release of Colonel Dasuki (rtd) on bail in strict compliance with the orders of the Federal High Court, Federal High Court of the Federal Capital Territory and the ECOWAS Court without any further delay.”
