Dasuki vs DSS: Malami to appear in Court Nov 23, 2015 PRESS RELEASE
A Federal High Court in Abuja has extended till Monday November 23, the summon issued against the Attorney General of the Federation (AGF) and Minister of Justice, Alhaji Abubakar Malami SAN to appear physically in court to explain the siege still laid on the Abuja residence of the Former National Security Adviser (NSA), Col Sambo Mohammed Dasuki (rtd).
The extension of the date till November 23 by Justice Adeniyi Ademola was at the instance of the new Solicitor General of the Federation Mr. Taiwo Abidogun.
Abidogun who was in court for the first time on Dasuki’s legal action had informed Justice Ademola that the Attorney General of the Federal (AGF) and Minister of Justice had yet to assume office.
The Solicitor General claimed that the AGF will assume office on Wednesday and will be briefed on the Dasuki’s court action between Thursday and Friday and urged the court to grant them permission to appear in the court next Monday.
He informed Justice Ademola that the Federal Ministry of Justice has tremendous respect for court and the rule of law and will not do anything to undermine court powers.
The application which was not opposed by Dasuki’s lawyers led by Mr. Joseph Daudu SAN, prompted the adjournment till next Monday.
The Minister who had just been inaugurated by President Muhammadu Buhari will also explain to the court why an order of the court made on Nov 3, permitting Dasuki to travel abroad for medical attention was violated.
Justice Ademola had last Friday issued summon against the AGF following complaints by Dasuki’s lawyers, Mr. Joseph Daudu SAN that the order of the court made since November 3 had not been allowed to be implemented by operatives of the Department State Security (DSS).
Among others, Dasuki’s lawyer protested to the court that several days after the court ordered Dasuki to travel abroad for treatment, the DSS operatives had since Nov 4 placed him under house arrest.
Counsel to Federal Government, Mr Shuaibu Labaran who had declined to confirm or deny the presence of the security operatives in the house of Dasuki in breach of the court order, however admitted that the former NSA was being investigated.
However, Justice Ademola who was not comfortable with the violation of his order had told the Federal Government counsel to inform his client to learn how to respect and obey a valid court order.
The Judge had said that he was baffled with the claim of any further investigation of Dasuki by DSS because the same DSS had filed before the court affidavit evidence that they have completed investigations on Dasuki and ready for his trial.
He said that even if the DSS had any cause to conduct any further investigation, the lawful thing was to have allowed Dasuki to go abroad for treatment of his ailment as ordered by his court rather than looking for excuses to justify disobedience to the order.
“I have made an order which has to be obeyed and the order is to the effect that the accused be allowed to go abroad as from November 4 to treat his ailment within three weeks and return to the court on November 26 for his trial in the charges brought against him”, the judge had said.
“If you have any further issue with him, let him go for his medical checkup and come back. It is the duty of all Nigerians to ensure that court orders are obeyed”, Justice Ademola had also said.
The former NSA had filed an application against the Federal Government seeking enforcement of his fundamental human rights to dignity and security of his life. He also applied to the court to compel the Federal Government to allow him travel abroad to treat his ailment as ordered by the court since November 3.
Dasuki complained that rather than allow him the medical treatment, the Federal Government agents mainly operatives of the DSS had laid siege on his house and kept him under house arrest in spite of his deteriorating health conditions.
Hearing of the suit has been scheduled for next Monday.