Tension: EFCC may return Dasuki to DSS custody

Former
National Security Adviser (NSA) Sambo Dasuki may return to the custody
of the Department of State Services (DSS) for “security reasons”, a
source said yesterday. A court has granted Dasuki bail. But, the Economic and Financial Crimes
Commission (EFCC) may file fresh charges against him and some of the
accused persons already granted bail by the High Court of Justice of the
Federal Capital Territory (FCT), the source added.

Justice Peter Affen of the FCT High
Court on Wednesday granted bail to Dasuki, ex-Minister Bashir Yuguda,
ex-Office of the National Security Adviser (ONSA) Director of Finance
Shuaibu Salisu, Sagir Attahiru and ex-Governor Attahiru Dalhatu
Bafarawa.

Following his inability to meet one of
his bail conditions, the former NSA was taken to Kuje Prison. It was
learnt that Dasuki could not get a surety who should deposit the
original title deeds of a property or properties owned by him, which
must be worth N250million, being the amount of the consideration for his
bail.

While Dasuki was trying to meet the bail conditions, there was anxiety following plans to re-arrest him by EFCC.

It was gathered that the plans became
obvious on Wednesday night when some operatives opposed Salisu’s release
because of another pending matter.

It took the intervention of a Senior Advocate of Nigeria before Salisu regained freedom.

The fate of Dasuki, however, created
anxiety for his counsel,  family, friends and associates last night,
following moves to return him to DSS custody for “security reasons”.

A source in EFCC, who spoke in
confidence, said: “We will obey court order to release Dasuki on bail
but we may only return him to DSS custody because he was on remand
warrant of a Chief Magistrate’s Court, which was obtained by the DSS, 
when we asked the agency to make him available to us for prosecution.

“I think the remand warrant may have to do with security issues beyond our purview.

“In line with inter-agency cooperation,
we  took custody of Dasuki from the DSS, we will return him there. It is
left to Dasuki to approach another court to vacate the remand warrant
got by the DSS.

“Also, we are likely to arraign Dasuki
and some of the accused persons  in another  court for different
charges. The case against these accused persons has many dimensions.”

When contacted last night, Mr. Ahmed
Raji (SAN) said: “It will be improper and contemptuous of the court to
re-arrest Dasuki. Justice Peter Affen was explicit in issuing an order
that neither Dasuki nor any of the accused persons should be
re-arrested. Even  if the order is not there, you don’t re-arrest
someone already on trial.

“In two courts in the FCT, they have
been granted bail and the EFCC has been served with the order. The
essence of the bail is to guarantee their attendance at the trial

“To re-arrest or detain Dasuki or any of the accused persons  will look like you are ridiculing the court.”

On the likely release of Dasuki to DSS,
Raji said: “There is no remand warrant for Dasuki . You use remand
warrant from a Magistrate’s Court  when a matter is under investigation.
The moment you arraign accused persons in court, the warrant  becomes otiose and irrelevant.

“It is the EFCC that is investigating
the accused persons; the same agency arraigned them in court and now
that they have been granted bail, it should release them.

“Are they saying that they will return
Dasuki to the DSS so that he will not be able to go for trial? We should
not ridicule the court in any manner.”

Justice Affen on Wednesday banned the EFCC from re-arresting Dasuki, Yuguda, Salisu, Sagir Attahiru and Bafarawa.

The order of the court followed the
granting of the application for bail by counsel to the defendants,
including Peter Akper(SAN); Ahmed Raji( SAN); Dr. J. O. Olatoke(SAN);
H.O. Afolabi(SAN) and A.U Mustapha.

Justice Affen said: “It is ordered as
follows: 1st( Bashir Yuguda), 2nd(Mohammed Sambo Dasuki), 3rd( Shuaibu
Salisu), 5th Sagir Attahiru and 6th (Attahiru Bafarawa) defendants are
hereby admitted to bail in the sum of N250million only with two sureties
in the like sum, one of whom shall be a serving or retired public
servant not below the status of a director in the public/ civil service
of the Federation or any of the states of the Federation or any of their
agencies and shall produce a valid documentation of his/ her status to
the Registrar of this court.

“Each surety shall produce two recent
passport-sized photographs and depose to an affidavit of means
certifying that he has the financial wherewithal to discharge and
forfeit the recognisances for the bail herein granted in the event that
the Defendant on surety jumps bail and / or escapes from Justice.

“One of the two sureties shall produce
and deposit the original title deeds of a property or properties owned
by him and situate within the Federal Capital Territory, Abuja which,
when evaluated by an Estate Surveyor duly licensed by the Nigerian
Institute of Estate Surveyors and Valuers( NIESV) shall on the aggregate
be worth the sum of N250million being the amount of the consideration
for the bail granted herein.

“The sureties shall be resident within
the jurisdiction of this Court and their physical residential addresses
shall be verified by the Registrar of this Court.

“The sureties shall be resident within
the jurisdiction of this Court and their physical residential  addresses
shall be verified by the Registrar of this Court.

“During the continuance of the bail
herein granted, in the event that the personal attendance of the
defendants or any of them shall be required by the complainant for
purposes of further investigation, they or he shall be required to
appear between the hours of 9 o’clock in the forenoon and 6 o’clock in
the evening and be allowed to return home the same day.

“In the event that their or his
appearance shall be required at any other time outside the period
aforesaid, this shall only be on the orders of a Superior Court Record.

“The orders herein contained are hereby
expressly made subject to such further order(s) as may become necessary
during the continuance of the bail herein granted.

“The 1st( Bashir Yuguda), 2nd(Mohammed
Sambo Dasuki), 3rd( Shuaibu Salisu), 5th Sagir Attahiru and 6th
(Attahiru Bafarawa)shall in the interim be remanded in the custody of
the Nigerian Prison Service, FCT Command and shall only be released upon
a Release Warrant issued by this Court upon being satisfied that the
conditions herein contained have been complied with.

“In the unlikely event that the
defendants( or any of them) are still in the custody of the Nigerian
Prison Service by reason of inability to comply with or perfect the
conditions upon which they are being admitted to bail, they shall be
produced before this court on the date(s)fixed for trial.”

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