Former National Security Adviser (NSA) Col. Mohammed Sambo Dasuki rtd has approached the Court of Appeal, Abuja Division, praying it to set aside the judgment of an Abuja High Court which declined to void his arrest and detention by the Federal Government since December last year in spite of existing three court orders that admitted him to bail.
In the appeal filed by his counsel Mr. Joseph Daudu, Dasuki is asking the Appellate Court to stop his trial in the criminal charges of money laundering and corruption brought against him until government has purged itself of contempt of court.
The appeal was in response to the ruling of an Abuja High Court which last month refused to stop his trial on the ground that his detention was at the instance of the Department of the State Security Service (DSS) and not the Economic and Financial Crimes Commission responsible for the trial before the judge.
In the notice of appeal, the appellant claimed that the Abuja High Court erred in law by not holding the fact that the DSS detaining him and the EFCC responsible for his trial on corruption charges are both agents of the Federal Government which is the complainant in the charges against him.
The ex NSA therefore urged the appeal court to set aside the ruling the Federal Capital Territory High Court on ground of miscarriage of justice.
While asking the court of appeal to set aside the ruling, Dasuki asked the Appellate Court to discharge him from the criminal charge and to also stop indulging government in his trial until the bail granted him by the high court has been obeyed.
His ground of appeal was a party in contempt of court has no right before court to advance any cause.
The notice of appeal was accompanied with a motion on notice which prayed the appellate court to stay proceedings in his trial at the lower courts pending the determination of his substantive appeal.
However, when the case came up for hearing today, the appellate court could not go ahead following the inability of the Federal Government (respondent) to file its brief of argument.
The Federal Government counsel, Mr. Rotimi Jacobs (SAN) told the three-member panel of Justices of the appeal court headed by Justice Abdul Aboki that the appellant’s brief of argument was served on him last week and that by the practice of the court, he has 10 days to file his own respondent’s brief of arguments.
Jacobs then asked for brief adjournment to enable him file his brief of argument and Justice Aboki granted the request and that the adjourned date would be reserved until all processes have been filed and exchanged by all parties involved in the matter.
Justice Aboki said that the date will be communicated to the lawyers when fixed.
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