President Muhammadu Buhari for his arrest and detention without trial since December 29, 2015.
Mr. Dasuki, who spoke through his counsel, Joseph Daudu, said President Buhari instigated his detention unjustly against the bail granted him by three different courts, through his comment during a presidential media chat in December 2015.
In an affidavit filed in support of his application at the court, Mr. Dasuki said the president betrayed his emotions during the media chat when he openly told Nigerians that he (Dasuki) and Nnamdi Kanu, the pro-Biafra leader, could not be released on bail because they would jump bail.
Mr. Dasuki said he had been held incommunicado since his re-arrest.
He therefore asked Justice Peter Affen to prohibit his further trial until the federal government purged itself of the contempt of court which prevented him from filing effective defence because of his continued detention by the State Security Service, SSS, without having access to his lawyers.
Mr. Dasuki exhibited several newspaper cuttings in support of his motion to stop his trial, saying the newspaper publications contained Mr. Buhari comments that he should not be allowed to go home even if granted bail by any court.
Mr. Daudu, who led a retinue of lawyers on behalf of his client, urged Justice Affen to enforce his order which granted bail to Mr. Dasuki adding that justice is for all parties in any court action.
In opposing the application, the counsel to the Federal Government. Rotimi Jacob told Justice Affen that the charge against Mr. Dasuki was at the instance of the EFCC and not the SSS.
He denied that the federal government disobeyed the court on the ground that on December 29, 2015 when the bail conditions were perfected, Mr. Dasuki was released by the prison authority at Kuje but was however rearrested by another government agency.
Mr. Jacob asked the court not to grant Mr. Dasuki’s application because the SSS that rearrested him was not a party to the charges before Justice Affen who granted him the bail.
On the newspaper publications, Mr. Jacob said they were not tenable before the court because they were not certified as required by law.
After listening to the parties, Justice Affen fixed March 4, 2016 to give a ruling on the application.
Buhari behind my ordeal, ex-NSA Dasuki tells Court
Mr. Dasuki, who spoke through his counsel, Joseph Daudu, said President Buhari instigated his detention unjustly against the bail granted him by three different courts, through his comment during a presidential media chat in December 2015.
In an affidavit filed in support of his application at the court, Mr. Dasuki said the president betrayed his emotions during the media chat when he openly told Nigerians that he (Dasuki) and Nnamdi Kanu, the pro-Biafra leader, could not be released on bail because they would jump bail.
Mr. Dasuki said he had been held incommunicado since his re-arrest.
He therefore asked Justice Peter Affen to prohibit his further trial until the federal government purged itself of the contempt of court which prevented him from filing effective defence because of his continued detention by the State Security Service, SSS, without having access to his lawyers.
Mr. Dasuki exhibited several newspaper cuttings in support of his motion to stop his trial, saying the newspaper publications contained Mr. Buhari comments that he should not be allowed to go home even if granted bail by any court.
Mr. Daudu, who led a retinue of lawyers on behalf of his client, urged Justice Affen to enforce his order which granted bail to Mr. Dasuki adding that justice is for all parties in any court action.
In opposing the application, the counsel to the Federal Government. Rotimi Jacob told Justice Affen that the charge against Mr. Dasuki was at the instance of the EFCC and not the SSS.
He denied that the federal government disobeyed the court on the ground that on December 29, 2015 when the bail conditions were perfected, Mr. Dasuki was released by the prison authority at Kuje but was however rearrested by another government agency.
Mr. Jacob asked the court not to grant Mr. Dasuki’s application because the SSS that rearrested him was not a party to the charges before Justice Affen who granted him the bail.
On the newspaper publications, Mr. Jacob said they were not tenable before the court because they were not certified as required by law.
After listening to the parties, Justice Affen fixed March 4, 2016 to give a ruling on the application.
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