Justice Ijeoma Ojukwu of the Federal High Court sitting in Abuja, on Monday declared that the detention of former National Security Adviser, Col Sambo Dasuki (rtd) by the Department of State Service (DSS) was illegal and unconstitutional.
Justice Ojukwu described the continous detention of Dasuki by the DSS since December 29, 2015 “as an aberration to the rule of law”
Consequently, the court ordered the release of Dasuki on bail in the sum of N200m with two sureties in like sum.
The court stated that it is settled law that justifying the reasons for arrest and detention of any citizen rests on the arresting agency.
In view of the forgoing, Justice Ojukwu noted that from the affidavit depositions and written address of the DSS tendered before the court, the respondent has failed to justify why Dasuki was detained since 2015.Ojukwu made the order in a judgement on a fundamental rights enforcement suit filed by Dasuki against the DSS and the Attorney General of the Federation, wherein he challenged his detention by the Federal Government agency since December 29, 2015.
Meanwhile, as part of the bail conditions, the court said the sureties must swear an affidavit of means and must not be less than level 16 in the public service.
Also, Ojukwu ordered that they must tender their letters of appointments.
However, where the sureties are private citizens, the court stated that they should be owners of landed properties in Asokoro, Gwarimpa etc.
The court added that they must show evidence of tax payment for 2015, 2016 and 2017.
In addition, Ojukwu directed that either of the sureties shall deposit the sum of N100m as security into the account of the Federal High Court.
More so, in case the DSS wants to interview Dasuki, the court held that such interrogation must be from morning to evening of any day, and that he must not be detained.
The court further directed that Dasuki’s international passport which is currently with the DSS, should be submitted to the chief registrar of the Court.
Dasuki, in the application filed by his counsel, Ahmed Raji, had prayed the court for a declaration that he is entitled to his fundamental rights to human dignity as enshrined under section 35 of the constitution.
The applicant also sought for an order compelling the DSS to release him unconditionally.
He also prayed for a declaration that his detention since 2015 violated his fundamental rights and therefore is unconstitutional, illegal etc.
Before today, five different courts have made valid orders granting Dasuki bail but the DSS has refused to release him.
