Renowned Lagos lawyer and human rights activist, Mr Femi Falana (SAN), a supporter of the Muhammadu Buhari administration’s anti-corruption war, has advised the Federal Government to obey court orders and immediately release the former National Security Adviser Col (rtd) Sambo Dasuki, and the Biafran agitator Nnamdi Kanu.
Falana, who was initially tipped to emerge Attorney General of the current government, warned that holding on to the two men despite existing court orders was a violation of the rule of law that President Buhari swore to uphold.
“Upon winning the election, President Buhari further pledged to abide by the rule of Law,” Falana said in a statement published by Sahara Reporters. “To that extent, he has a duty to ensure that all organs and officials of the Government operate within the ambit of the law.”
Speaking on the detention of Dasuki, Falana argued that despite the huge mismanagement of funds for which the former is being tried, the fact that two separate courts granted him bail and the government is yet to appeal the bail rulings, means he should be released.
“The decision of the SSS to ignore the order admitting Col. Dasuki to bail coupled with the failure to re-arraign him on fresh charges is tantamount to impunity in every material respect,” Mr. Falana said.
“If the federal government were aggrieved by the order admitting Col. Dasuki to bail, it should have challenged it in the Court of Appeal.
“Much as the Nigerian people are fully behind the Buhari Administration in the patriotic move to recover the looted wealth of the nation, the Federal Government should be advised to ensure that the procedure for the loot recovery meets the tenets of the rule of law.”
Dasuki is charged with mismanaging $2.1 billion funds meant for equipping the military to combat the Boko Haram insurgency.
On the Biafran agitator, Nnamdi Kanu, Falana said, “The order admitting the leader of the Indigenous People of Biafra, Mr. Nnamdi Kanu, to bail should also be complied with.”
The arrest of Kanu, who also promoted Radio Biafra, and called for the armed dismantling of Nigeria, has led to mass protests by thousands of Igbos across Nigeria who have demanded his release.
“If the Federal Government has other charges against both suspects (Messrs. Kanu and Dasuki) it should file them in the court,” Mr. Falana said. “There is no provision for keeping criminal suspects at the pleasure of security officials. Meanwhile, all valid and subsisting orders made by courts in favour of criminal suspects should be obeyed without further delay.”
President Muhammadu Buhari, during his Presidential Media Chat gave a reason why his government has not released both men despite the court orders.
“If you see the atrocities these people committed against this country, we can’t allow them to jump bail,” the President said.
Read Mr. Falana’s full statement below:
For 16 years that the Peoples Democratic Party was in power, the federal government exhibited total contempt for the Rule of Law. The Constitution and other laws were breached with impunity while court orders were disobeyed on a regular basis. In the famous case of Attorney-General of Lagos State v Attorney-General of the Federation (2005) 2 WRN 1 at 150 the Supreme Court held that “In our democracy, all the governments of this country as well as organizations and individuals must kowtow to the due process and this they can vindicate by resorting to the courts for redress in the event of any grievance.”
One of the reasons why Nigerians voted for the candidate of the All Progressive Congress, General Muhammadu Buhari (rtd) during the last general election was his promise to fight corruption and end impunity in the country. Upon winning the election, President Buhari further pledged to abide by the Rule of Law. To that extent, he has a duty to ensure that all organs and officials of the government operate within the ambit of the law. In particular, he should not allow overzealous security personnel to engage in any form of impunity and thereby expose the government to unwarranted embarrassment.
In July, last year, the State Security Service (SSS) searched the private residence of former NSA, Col Sambo Dasuki (rtd) in Abuja. When Col Dasuki alleged that his house was illegally searched, I pointed out that the action of the SSS was justified as there was a search warrant validly issued by a magistrate court in the Federal Capital Territory that authorised the search. He was eventually charged with money laundering and criminal diversion of huge sums of public fund before the Federal High Court and the Federal Capital Territory High Court in Abuja. Notwithstanding the gravity of the offences, both courts have admitted him to bail. But after he had met the bail conditions, the SSS decided to rearrest him at the gate of Kuje prisons on the ground that investigations have not been concluded in respect of other criminal allegations.
The decision of the SSS to ignore the order admitting Col Dasuki to bail coupled with the failure to re-arraign him on fresh charges is tantamount to impunity in every material respect. If the federal government were aggrieved by the order admitting Col. Dasuki to bail, it should have challenged it in the Court of Appeal. Much as the Nigerian people are fully behind the Buhari Administration in the patriotic move to recover the looted wealth of the nation, the federal government should be advised to ensure that the procedure for the loot recovery meets the tenets of the rule of law. The SSS and other security agencies should therefore refrain from allowing corruption to fight back by playing into the hands of the criminal suspects who have committed crimes against humanity by diverting money earmarked for the procurement of arms and armament to fight the terrorists.
In the same vein, the order admitting the leader of the Indigenous People of Biafra Nnamdi Kanu, to bail should also be complied with. If the federal government has other charges against both suspects it should file them in the court. There is no provision for keeping criminal suspects at the pleasure of security officials. Meanwhile, all valid and subsisting orders made by courts in favour of criminal suspects should be obeyed without further delay.
To ensure that suspects are no longer held in custody in any part of Nigeria without any legal justification, section 34 of the Administration of Criminal Justice Act has imposed a duty on each the Chief Judges to designate a Chief Magistrate and a Judge of the High Court to visit all police stations and other detention centres within their jurisdiction, at least once a month. During such visits, appropriate directives shall be given while any officer who detains any person illegally will be sanctioned.
Femi Falana SAN
