Supreme Court dismisses Dasuki's appeal against DSS

The Supreme. Court has dismissed the appeal filed by the detained embattled former National Security Adviser , Col. Sambo Dasuki (retd), against the Department of Secret Service ( DSS) over his detention.

The ex-NSA has pleaded in an appeal to challenge his continued detention and praying for suspension of his trial pending the time the bail orders were obeyed by government and DSS.

Recall that the Federal High Court under Justice Adeniyi Ademola, FCT High Court under Justice Peter Affem and another FCT High Court under Justice Hussein Baba Yusuf had at different times granted bails to Mr. Dasuki.

After he had met the bail conditions, prompting his release from Kuje Prison on December 29, 2015, operatives of DSS immediately rearrested him and had since held him in captivity without any fresh allegation, explanation or arraignment since December 2015.

Justice Ajembi Eko in his judgement on Friday ruled that the EFCC cannot be held responsible for the continued detention of the Ex-NSA since the detention was carried out by the Department of Security Service (DSS).

The Judge noted that since the bail order was implemented by the prison controller, it has been obeyed as far as the charges against him at the FCT High Court was concerned.

The apex court said that from the claims and counter-claims of Mr. Dasuki and EFCC, it was clear that he was rearrested at the premises of the Kuje Prison on December 29, 2015 by the SSS.

The Supreme Court therefore affirmed the decision of the Court of Appeal and the FCT High Court which had in their separate decisions held that EFCC cannot be held responsible for the detention of Dasuki by DSS.

Justice Eko said the appeal brought by Dasuki lacked merit and constituted abuse of court process and therefore dismissed it.

The Court ordered Dasuki and EFCC to go back to the FCT High Court to continue with the trial in the charges brought against him by the anti-graft agency.

The DSS claimed he was rearrested based on allegation of illegal possession of firearms. The Service claimed the ex-NSA stored five Tavor X95 assault rifles with numbers 45801168, 45801169, 45801175, 45801176 and 4801199.

Other items allegedly found in residences in Abuja and Sokoto included ammunition and cash sums running into millions of naira.

The Supreme Court held that there is no existing court bail preventing Dasuki from being re-arrested, hence he is expected to continue to remain in DSS custody.

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