JUSTICE Hussein Baba-Yusuf of the Federal Capital Territory (FCT) High Court, on Tuesday, upheld the bail earlier granted by an FCT High Court to the immediate former National Security Adviser (NSA), Colonel Sambo Dasuki (retd); former Sokoto State governor, Alhaji Attahiru Bafarawa and three others in the $2.1 billion arms deal trial.
The judge, sitting in Court 4, Maitama, upheld the bail earlier granted by Justice Peter Affem in 2015, as the Federal Government, through the Economic and Financial Crimes Commission (EFCC), rearraigned the former NSA alongside a former Minister of State for Finance, Ambassador Bashir Yuguda; the Director of Finance and Administration in the Office of the National Security Adviser (ONSA), Shuaibu Salisu; Bafarawa; his son, Sagir Attahiru and the company belonging to the former governor, Dalhatu Investment Limited.
The case was being heard by Justice Affem of FCT High Court 24 before it was transferred to Justice Baba-Yusuf by the Chief Judge of the FCT, Justice Ishaq Usman Bello, in October last year.
When the case was called on Tuesday, the prosecution counsel, Rotimi Jacobs, informed the court that the case for rearraignment was coming up for the first time after being reassigned to the court.
When the 22-count charge was read to the defendants, each pleaded not guilty as the charge applied to them.
The count bordered on corruption and breach of trust contrary to Section 215 of the Penal Code and Section 17 (b) of the EFCC Act 2004.
Having taken their plea, Jacobs asked the court to fix a date for the commencement of trial, asking the court to allow the trial to begin today as the prosecution was ready to prove its case against the defendants.
The prosecution counsel argued that according to Section 396 of the Administration of Criminal Justice (ACJ) Act stipulated day-to-day trial upon arraignment.
While opposing the submission of the prosecution counsel on the ground that the provision only referred to when trial had commenced properly, the counsel for Colonel Dasuki, Ahmed Raji, asked the court to reaffirm the bail earlier granted to the former NSA even though he had not been allowed to enjoy it since December, 2015.
The senior advocate submitted that it was on record that the FCT High Court 24 had admitted Colonel Dasuki on bail before he was illegally arrested and detained by the Department of State Services (DSS).
Raji further argued that with the transfer of the case from Justice Affem to Justice Baba-Yusuf, the DSS had been separated from the matter, adding that the prosecuting agency in this case was the EFCC and not DSS, which had been described by court of law as an interloper.
The counsel for the ex-NSA further said that the act of the interloper should not be used to divest the court of its power to reaffirm the bail granted Dasuki earlier because he was entitled to it and urged the court to adopt the bail conditions earlier granted by Justice Affem and reaffirm same in the interest of justice.
Counsel for other defendants aligned themselves with the position of Raji in urging the court to reaffirm the earlier bail granted to the defendants in the case.
Counsel for the sixth defendant, former governor Bafarawa, Lateef Fagbemi, on his part, while responding to the submission of the prosecution counsel on the commencement of trial, stated that the Section 36 of the 1999 Constitution made provision for fair hearing, adding that it would not be fair for the defendants to be arraigned yesterday (Tuesday) and be asked to face trial today.
He added that this would defeat the provision of Section 36 of the constitution, declaring that the provision of Section 396 of the ACJ Act should not supersede the provision of the constitution.
The prosecution counsel, however, stated that while he was not opposed to reaffirmation if bail earlier granted the defendants, he was against the reaffirmation of the bail conditions on the second defendant, Dasuki.
He urged the court not to make pronouncement or order in respect of the bail for Dasuki since he had not been allowed to enjoy any bail, saying that the court must not act in vein as there was no point making an order in vein.
Raji informed the court that Dasuki had in his possession a judgment of the ECOWAS Court, which last year set aside the unlawful detain of the ex-NSA and also imposed a fine of N50 million on the Federal Government as compensation to his client for his unlawful detention.
Fagbemi, while commenting on the bail for Dasuki as a friend of the court, submitted that there was no dispute that the former NSA was granted bail, but had not been released by the DSS to enjoy the bail.
The senior advocate described the act of DSS as most unfortunate and urged court to resist the temptation of being drawn into the illegality of acts of the DSS on Dasuki.
In his ruling, Justice Baba-Yusuf reaffirmed the bail on Dasuki on the ground that he was entitled to it and having earlier been admitted to same.
He also reaffirmed the bail on other defendants in the matter, noting that it was an indisputable fact that they had all been admitted to bail before now.
The judge, however, adjourned the case till February 24 for commencement of trial.
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