Court grants Dasuki’s SA bail on self-recognition

Justice Yusuf Halilu of a Federal Capital Territory High Court has granted bail to Nicholas Ashinze, special assistant to the former National Security Adviser (NSA), Sambo Dasuki on self-recognition.

Ashinze had dragged the Economic and Financial Crimes Commission (EFCC), the Chief of Army Staff and the Nigeria Army to court for the enforcement of his fundamental right, in which he sought for N500 million in damages, an order seeking for a perpetual injunction restraining the government agencies from further investigating him.

At the resumption of the matter, which was slated for ruling, J. A. Ojogbane, counsel to the EFCC, sought the indulgence of the court through an application to allow it come into the matter, having filed for an extension of time for it to file its counter affidavit.

Objecting to the application, Mike Ozekhome, counsel to the applicant, argued that the court allowed bail for such charges, since the respondent did not file a counter affidavit, ” I do not see why their entire application should come in.”

The EFCC however informed the court that its inability to file counter was because the legal officer was not available to file, and he was indisposed because he was bereaved to have appeared before the court when the matter was called up at the last adjourned date.

Justice Halilu, having heard both submissions on the application, noted that, the application was brought in bad faith and as such, the application was dismissed and the court went ahead to deliver the earlier slated ruling.

On the application for enforcement of fundamental human rights, the court noted that enforcement of fundamental rights was not an outlet for criminals but that it was to curtail excesses of government agencies.

The court held that since the counter affidavit was left unchallenged, the question that comes to mind is why Ashinze was kept in custody, being a serving military officer who can easily be reached, that he had not been charged or convicted by the army nor the EFCC, as both as decided to abandon the Constitution in the exercise of their duty.

The court in his ruling held that the applicant’s continued detention was unfortunate, illegal, and wrongful and a violation of his fundamental human rights since he was not charged.

Justice Halilu ordered the respondents (EFCC and Nigeria Army) to release him to bail on self recognition, averring that it was not the intention of the judiciary to thwart efforts of the EFCC but there was need to curtail their excesses, as the EFCC Act was not superior to the Constitution.

The court however refused to grant a perpetual injunction against the respondents, nor did it award any damages in his favour.