Dasuki specifically filed an “Unless application” challenging the flagrant disobedience by the Federal Government to orders of the various courts that granted him bail.
His counsel, Mr. Joseph Daudu [SAN] told Justice Husseini Baba Yusuf of the FCT High Court that government has no moral and legal rights now to prosecute him having been in contempt of three high courts that admitted him on bail but which were not obeyed.
Moving the said application, Daudu submitted that the Federal Government can’t go ahead with the trial, having disobeyed an order of court which granted bail to the accused person.
He added that a party which disobeyed the order of the court cannot come back to the same court with a request or indulgence.
In the application, Dasuki is praying for an order of court prohibiting the Federal Government from further prosecuting him on the N19.1 billion alleged fraud or any other charge or seeking any form of indulgence before any court in the country, until the order admitting him to bail is obeyed.
He also wants an order discharging him of all the offences contained in the charge on the ground that the charge cannot be lawfully prosecuted by a government that is disobeying lawful court orders.
Alternatively, the ex-NSA prays for an order staying further proceedings in the charge until he has exhausted the remedies available to him in law for the enforcement of his right to liberty as preserved by the bail order granted him.
However, Prosecuting counsel, Rotimi Jacobs (SAN) noted the defence is employing delay tactics in order to stall the trial.
In their own submissions, counsel to the 2nd and 3rd defendants, Chief Akin Olujinmi SAN and Solomon Umor told the court that they were just served in court the processes filed by Dasuki and government and that they needed time to study it.
Source: The Nation