By Kingsley Omonobi-Abuja.
The Former National Security Adviser, Colonel Sambo Mohamed Dasuki on Friday opened up at Abuja High Court alleging that President Muhammadu Buhari was behind his unlawful arrest and detention without trial since December 29, 2015.a
Speaking through his counsel, Mr. Joseph Daudu (SAN), Dasuki claimed that President Buhari instigated his detention unjustly against the bail granted him by three different courts through his (Buhari) comment on Presidential Media Chat in December 2015.
In a further and better affidavit filed in support of his application at the court, the Ex-NSA claimed that the President betrayed the emotion during the Presidential Media Chat when he openly told Nigerians that he (Dasuki) and Nnamdi Kanu could not be allowed on bail because they would jump bail.
Claiming that he had been held incommunicado since his re-arrest, Dasuki 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 DSS without having access to his lawyers.
The defendant exhibited several newspaper cuttings in support of his motion to stop his trial adding that the newspaper publications were the comments of President Buhari during the Presidential Media Chat to the effect that he (Dasuki) and Nnamdi Kanu should not be allowed to go home even if granted bail by any court and that the publications have not been refuted by the Presidency.
Daudu who led a retinue of lawyers on behalf of his client urged Justice Affen to enforce his order which granted bail to Dasuki adding that justice is for all parties in any court action.
Daudu also stated that the claim that Dasuki was been held by the DSS and not the Economic and Financial Crimes Commission (EFCC) cannot hold water because the federal government is the complainant in the charge against Dasuki and that both the DSS and EFCC are agents of the Federal Government.
However in opposing the application, the counsel to the Federal Government, Mr. Rotimi Jacob informed Justice Affen that the charge against Dasuki was at the instance of the EFCC and not the DSS. He denied that the federal government disobeyed the court on the ground that on December 29, 2015 when the bail conditions were perfected, Dasuki was released by the prison authority at Kuje but was however rearrested by another government agency.
Jacob asked the court not to grant Dasuki’s application because DSS that rearrested him was not a party to the charges against him before Justice Affen who granted him the bail.
On the newspaper publications, Jacob claimed that they were not tenable before the court because they have not been certified as required by law.
After listening to parties, Justice Affen fixed March 4, 2016 to give ruling on the application.