Col. Mohammed Sambo Dasuki (Rtd) V. Federal Republic Of Nigeria & Ors (2018)

LAWGLOBAL HUB Lead Judgment Report

EJEMBI EKO, J.S.C.

The appellant and 5 others were arraigned at the High Court of the Federal Capital Territory [hereinafter called “the trial Court”] on an information alleging various allegations of criminal breach of trust, fraud, dishonest misappropriation of monies belonging to the Federal Government of Nigeria etc. In all, the appellant and the co-accused are being prosecuted on 19 charges.

Upon arraignment the trial Court, on 18th December, 2015, granted the appellant bail on terms. The terms on which the order releasing the appellant on bail was predicated were further reproduced in the Enrolled Order dated 21st December, 2015. The appellant met the bail terms, and was consequently released from the Federal Prison, Kuje, where he was held on remand on 29th December, 2015. The order releasing the appellant from the prison custody was carried out by the Controller of the Kuje Prison. The appellant was immediately re-arrested and taken away by officers of the Directorate of State Services [DSS].

When the trial Court granted bail on 18th December, 2015, it also directed the fixture of the

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trial of the appellant and the other 5 co-accused persons to 2nd & 3rd days of February, 2016. The hearing has been frustrated since because of the interlocutory application and appeals.

On 12th January, 2016, in reaction to his re-arrest, the appellant filed the motion, the subject of this appeal, praying the trial Court for the following orders.

1. AN ORDER prohibiting the complainant from further prosecuting the instant charge or any other charge against the 1st Defendant, or seeking any form of indulgence before this Honourable Court or any other Court in Nigeria, except and unless it complies with the Order of this Court made on 18th December, 2015, the said Order which remains valid for all intents and purposes, having not been set aside by any Appellate Court.
2. AN ORDER discharging the 1st Defendant/Applicant of all the offences contained in the instant charge, the said Charge which cannot be lawfully prosecuted by the Complainant who is in brazen disobedience of a subsisting Order of this Honourable Court made on 18th December, 2015.

Alternatively

3. A Mandatory Order directing the complainant who acts through the Department of State Services/EFCC

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and other enforcement agencies, to immediately produce the 1st Defendant in Court, by which this Honourable Court may give directives as it considers appropriate, for the administration of justice in accordance with the Administration of Criminal Justice Act, 2015.

Alternatively

4. AN ORDER staying further proceedings in this Charge until the 1st Defendant/Appellant exhausts the remedies available to him in law for the enforcement of his right to liberty, the said right which had already been preserved by the Order of 18th December, 2015.
5. And for such Orders or other Orders this Honourable Court may deem fit to make in the circumstances of this case.

The grounds for the application are said to be –

1. Until set aside, an Order of Court remains valid for all intents and purposes.
2. The Complainant having brazenly defied the order of Court made on 18th December, 2015 is in contempt of the proceedings and majesty of this Honourable Court, contrary to Section 6(6)(a) of the 1999 Constitution (as amended).
3. Until the complainant complies with the aforedescribed subsisting order of this

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Honourable Court, it cannot continue to lawfully prosecute this Charge, neither can it be afforded any right of audience in any Court in Nigeria.