Former National Security Adviser (NSA), Col. Sambo Dasuki, has not been able to enjoy the bail granted him after meeting prescribed conditions because he was rearrested by the Department of State Services (DSS) over offences he allegedly committed while serving in the Nigerian Army. This was revealed when counsel to Dasuki, Joseph Daudu (SAN) and counsel to the Economic and Financial Crimes Commission (EFCC) on the matter, Rotimi Jacobs (SAN) were addressing the court on a motion praying for the release of Dasuki. During proceedings, the prosecution disclosed that the DSS, another security agency of the Federal Government had rearrested Dasuki on the grounds that it was investigating the former NSA on alleged breach of service law when he was in the army. This reveals that the embattled former NSA is being held for offences allegedly committed 22 years after he left service in 1994. The prosecution counsel, who claimed to be representing the EFCC in the instant case said: “Dasuki was a fugitive for seven years and he is being investigated for series of alleged offences he committed when he was in the army.” He, however, advised Dasuki to evoke section 46 of the constitution and institute a civil action to challenge his arrest and enforce his fundamental right to his liberty. Earlier, the defence counsel (Daudu), in a motion, urged the court to prohibit the government from further prosecuting Dasuki or seeking any indulgence from the court until the bail granted him was allowed to be enjoyed, saying that the accused had not been allowed to enjoy bail granted him by different courts of justice, a situation he described as constituting contempt of the court. The defense counsel also asked Justice Baba-Yusuf to discharge the defendant of all offences contained in the charge against Dasuki on the grounds that the government could not lawfully prosecute Dasuki having been in contempt of the court. Justice Hussein Baba-Yusuf fixed February 8, 2016, to rule on whether to discharge Dasuki of the criminal charges preferred against him.
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