Court Grants Dasuki Bail on Self Recognition

The Federal High Court in Abuja has granted the immediate past National Security Adviser (NSA), Col. Mohammed Sambo Dasuki (rtd), who was accused of unlawful possession of firearms, bail on self recognition.

Dasuki was charged to court yesterday by the Department of State Services (DSS), which alleged that he possessed firearms without the requisite licence.

However, the one-count charge was silent on allegations of treason earlier peddled by the DSS.

The DSS had last week announced its intention to charge the former NSA, citing credible intelligence, after which the case was transferred to the Ministry of Justice to be handled on behalf of the federal government.

Justice Adeniyi Ademola, after entertaining arguments from the prosecuting and defence counsel yesterday, granted Dasuki bail but ordered that he should submit his international passport to the court and make himself available for trial and investigation.

Reading the one-count charge on behalf of the Attorney General of the Federation (AGF), the Director of Public Prosecutions of the Federation (PPF), Mohammed Saidu Diri, informed the court that Dasuki was charged pursuant to Section 104 and 379 of the Administration of Criminal Justice Act, 2015.

Diri, who led the federal government’s legal team, told Justice Ademola that the ex-NSA had in his possession firearms without a licence, punishable under Section 27(1)(a)(I) of the Firearms Act Cap F28 LFN 2004.

He told the court that the charge signed by him and dated August 21 was filed at the Federal High Court since August 28.

The prosecuting counsel, who attached the proof of evidence, case summary, list of witnesses, list of exhibits and affidavit of completion of investigation, and statements of the accused and the witnesses to the charge, also informed the court that the charge was served on the accused person last Friday.

Among the firearms and ammunition claimed by the federal government to have been found in the accused’s Abuja residence included five Tavor rifles, 20 magazines, five rifles, five packets of rifle with 16 rounds of 9mm ammunition.

Others were bigger magazines with 23 live rounds of 9mm ammunition, a bullet-proof Range Rover vehicle with one magazine of 16 rounds of ammunition, and another Range Rover vehicle with 36 rounds of live ammunition.

However when the charge was read, Dasuki pleaded not guilty.

After the plea of not guilty, Dasuki’s counsel and former President of the Nigerian Bar Association (NBA), Mr. Joseph Daodu (SAN), applied for bail for the accused on self-recognition, arguing that the alleged offence was bailable.

Daodu also argued that the law presumes the accused innocent until proved otherwise by the court.

He informed the judge that the accused was a responsible Nigerian who had held a top level security office in the country without betrayal.

He also held that if Dasuki willingly came to the court and submitted himself for trial, he would not abscond having been of worthy character.

The defence counsel predicated the bail application on Section 158 (1)(2)(3) of the new Administration of Justice Act and Sections 35 and 36 of the 1999 Constitution, to which the federal government did not raise any objection.

In his ruling, Justice Ademola admitted the accused to bail on self-recognition but ordered him to deposit all his travel documents with the Deputy Chief Registrar, Litigation of the court.

The judge also ordered that the documents must be brought to the court in case they are in possession of security operatives.

The trial was adjourned to October 26 and 27.

Speaking after the trial, Daodu expressed satisfaction with the court proceedings and emphasised that the charge against Dasuki was not a treasonable offence as alleged by DSS in their statement after they searched his homes in July.

He disclosed that the treason allegation was thoroughly investigated and was unfounded.

“We are satisfied with the proceedings so far as the situation shows that he is a good Nigerian and worthy of being granted bail. This is not a case of treason, not a case where lives where lost, it's not even a corruption case.

“He has been investigated and it was found that the issue of treason was not there in the first place. I will even find this strange because I believe that if a man occupies such a position he should be able to defend himself,” he said.