…As Madumere drags Chief Judge, Speaker to court over Impeachment issue***
A Federal High Court in Abuja has formally served an order to release ex-National Security Adviser (NSA) Col. Sambo Dasuki (retd) on bail on the Director General of Department of State Services (DSS) and the Attorney General of the Federation and Minister of Justice.
Dasuki’s counsel Mr. Ahmed Raji (SAN) confirmed yesterday that the bail conditions of his client have been fulfilled and the ex-NSA’s family and associates are awaiting a positive response from the Federal Government and the DSS.
Raji said: “I am pleading and begging the Federal Government and DSS in the name of God Almighty to please comply with court order on my client Col. Sambo Dasuki. We have served them with the court order and in the interest of justice and rule of law, I am begging this government, being a democratic government, to please respect the rule of law on Dasuki.”
Family members, friends, associates and well-wishers of Dasuki yesterday stormed his Abuja residence in anticipation of his final release from the DSS’ detention, where he has been held by the Federal Government since December 29, 2015.
The court, on July 2, granted Dasuki conditional bail, which he had perfected fully yesterday through his two sureties, who are standing for his freedom as ordered by Justice Ijeoma Ojuku.
Although the sureties had anticipated that the detained ex-NSA would be handed over to them, sources, however, said the DSS boss might need to contact the Presidency before finally handing over Dasuki to the sureties in compliance with the judgment of the Federal High Court.
The warrant of release dated July 16, 2018, titled: “Verification of Bail Conditions” and signed by Deputy Chief Registrar, Federal High Court Abuja, Mr. Mba Nkem A. Omotosho, was served on the DSS Headquarters and the Office of Minister of Justice in Abuja.
The warrant of release read in part: “Pursuant to the judgment order made on Monday, the 2nd day of July 2018, granted by His Lordship, Hon Justice Ijeoma L. Ojukwu, directing various conditions to be fulfilled prior to the release on bail of the applicant (Col. Sambo Dasuki (retd).
“I have scrupulously verified the entire conditions of bail as ordered by his lordship and the three ambits are fulfilled.
“Hence, the respondents, the Director-General, State Security Services, and Attorney General of the Federation, are hereby notified as directed by His Lordship for the subsequent compliance of same.
“Attached herewith is the enrolled Order of the court and all the necessary bail documents for your perusal and aggrandisement,” it concluded.
Before the latest judgment by Justice Ojukwu, Dasuki had previously perfected bails granted him by four different judges of high courts, including Justices Ademola Adeniyi and Justice Ahmed Mohammed of the Federal High Court and Justices Hussein Baba-Yusuf and Peter Affen of the Federal Capital Territory (FCT) High Courts.
The ECOWAS Court of Justice had also ordered his immediate release from detention.
In the meantime, embattled Imo State Deputy Governor, Prince Eze Madumere, has dragged the State Chief Judge, Justice Paschal Nnadi, the Speaker, Imo State House of Assembly, Mr Acho Ihim and Imo State House of Assembly to court, urging it to quash the planned impeachment initiated by the lawmakers.
Madumere had in the suit, HOW/531/2018, sought a declaration that the Speaker and the House of Assembly, having not personally served the purported notice of gross misconduct dated July 10, 2018, or a notice of any allegation made by the legislature on him, “cannot be said to have commenced or initiated the process of the removal of the plaintiff from office as Deputy Governor of Imo State, in accordance with the provisions of Section 188(1), (2), (3), (4), (5), (6), (7), (8), (9) of the Constitution of the Federal Republic of Nigeria, 1999, as amended”.
Part of the eight-point relief sought by Madumere read: “An order restraining the first defendant (the Chief Judge) from appointing a panel of seven persons to investigate the allegation(s) against the plaintiff, upon the purported request of the second defendant (Speaker), acting on the unconstitutional resolution or motion of the third defendant (House of Assembly) made on July 11, 2018.” The court was also urged to decide “whether the purported undated report of the assembly’s six-man ad hoc committee, which held that a prima facie case has been made out against the plaintiff is a nullity, having been made without locus standi and in breach of the plaintiff’s right to fair hearing.”
Madumere also prayed the court to decide whether the Chief Judge can validly appoint a seven-man panel to investigate the assembly’s “notice of gross misconduct,” dated July 10, 2018, when the speaker’s request to that effect “is unconstitutional, null and void, having not complied with the provisions of Section 188(1), (2), (3) and (4) of the Constitution of the Federal Republic of Nigeria, 1999, as amended.” As at the time of going to press, no date for the commencement of hearing has been fixed.
The Nation with additional report from Vanguard