Dasuki Drags Falana To Court! See The Reason Why
The former National Security Adviser (NSA), Sambo Dasuki has requested that the Federal High Court sitting in Abuja invite some Senior Advocates of Nigeria (SAN) to address issues relating to his continued alleged illegal detention.
The SANs comprise the incumbent NBA President, Paul Usoro, his predecessors, Wole Olanipekun and Olisa Agbakoba.
Others are Femi Falana, a professor of Law, Konyinsola Ajayi, and Onyechi Ikpeazu.
“I know as a fact that the above enumerated amici curiae have been listed because they are major legal giants and stakeholders in the legal profession,” the former National Security Adviser stated in the supporting affidavit he filed along with his fresh application on January 8, 2019.
The retired military officer said the court was at liberty to invite others it might deem fit.
Justifying his request to have the senior lawyers invited as amici curiae (friends of the court), Dasuki argued that his continued detention in violation of court orders had far-reaching implications on criminal proceedings, the viability of the Nigerian Constitution and the authority of the bench in the country.
In the affidavit he filed in support of the fresh application, Dasuki accused the Attorney General of the Federation and Minister of Justice, Mr Abubakar Malami (SAN), of not finding anything wrong with the alleged continued violation of the court orders.
He stated, “There is an imminent threat of absolute subversion of the rule of law, the constitution, the authority of the bench and the practice of law in Nigeria.
“This honourable court has inherent powers to invite and or request contributions from the enumerated amici curiae on their views with respect to the issues raised for consideration in the said application.”
The ex-NSA filed the application through his lawyer, Mr Adeola Adedipe, on January 8, 2019 to back his broader contention that the AGF and the Federal Government, in general, should not be allowed to continue to prosecute him without complying with the court orders directing that he be released from custody.
The fresh application specifically requests the judge to invite the senior lawyers as amici curiae to make contributions during the hearing of Dasuki’s earlier application filed on December 11, 2018.
Dasuki has been in the custody of the Department of State Service since December 29, 2015.
In November 2018, he wrote to the court that he no longer wanted to attend his trial until the government complied with the court orders directing that he should be released from custody.
Due to his consistent absence from court and upon an application by the prosecution, Justice Mohammed, on November 19, 2018, evoked the provision of section 352(4) of the Administration of Criminal Justice Act 2015 by ordering that the trial would continue with or without the defendant’s presence in court.
Justice Mohammed adjourned the case till January 29 for hearing of the defendant’s fresh application.
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