Why FG Won’t Let Dasuki Travel for Treament – AGF, Malami
The Attorney General of the Federation (AGF) and Minister of Justice, Abubakar Malami (SAN) has explained why the government refused to obey two court orders clearing former National Security Adviser (NSA) Sambo Dasuki, to travel for medical treatment.
According to the AGF, “You can be granted bail with respect to one case and there can be other cases that public policy demands investigation,” he said referring to the ex-NSA, who recently released some details on arms procurement under him.
Malami, during an interaction with the staff of the ministry, denied that agents of the Federal Government were frustrating the execution of the November 3 order of a Federal High Court in Abuja, permitting Dasuki to take care of his health.
The AGF, insisted that President Muhammadu Buhari’s government was committed to respecting court decisions and the rule of law.
“There shall not be flouting of court orders. But, I wish, as a way of further elaboration, to bring your attention to an issue. In some of these cases, some of these high profile culprits may be involved in multiple cases that might require investigation.
“If you are granted bail in respect of one issue, and the need arises for further investigation in other criminal offences, the law of the land requires investigation and you are bound as a good citizen of the country to submit yourself to investigation.
“The interest of the nation reigns supreme, above an individual’s interest. So, when the national interest is at stake and it has to be investigated, individual interest naturally gives way. It is not enough to conclude that the order is flouted, but you have to look at the peculiarities of the prevailing cases on the ground.
“You can be granted bail with respect to one case and there can be other cases that public policy demands investigation. It is only natural to allow investigation to be concluded, having regard to public interest; that reigns supreme over and above individual interest.
“The point for consideration is whether the public interest is there as against individual interest. But as it is, this government is going to uphold due compliance to the rule of law and sustain public interest and sustenance of its tenets,” Malami said.
The federal government is yet to vacate the order of the court, neither has the government arraigned Dasuki on any other matter before any court.
Federal High Court, Abuja Division had ordered the Department of State Services (DSS) to allow Dasuki to enjoy the benefits of its order which granted him the release of his international passports to travel abroad for medical attention.
The court also summoned the Attorney General of Federation (AGF) to appear before it to answer questions for flouting its earlier order that Dasuki’s passports be released to him.
The trial Judge, Justice Adeniyi Ademola had on November 3, 2015 granted Dasuki leave to travel abroad for medical reasons.
But as soon as that order was granted, DSS operatives invaded his residence in Abuja, placing him on forced house arrest.
Miffed by this development and worried about his life, Dasuki returned to the court, seeking to enforce his fundamental human rights to dignity and security of his life.
He prayed the court for a mandatory order compelling the Federal Government and its agents, especially the operatives of DSSS, to vacate his house located at 13, John Kadija Street, Asokoro, Abuja with immediate effect.
In the suit filed by his counsel, Mr Ahmed Raji (SAN), Dasuki sought the protection of the court from the siege on his house.
He asked the court to remove all impediments, human and non-human barricades and bulwarks said to have hindered the permission granted him since November 3 to travel abroad for treatment of his ailing medical condition.
In a motion on notice filed pursuant to section 36(5) 37 and 41 of the 1999 constitution and sections 1(1) and (2) and 266 of the Administration of Criminal Justice Act 2015, the ex-NSA also sought for order of the court extending the order of November 3 permitting treatment of his ailment abroad.
The motion on notice was premised on five grounds including the request to enforce the three weeks permission granted him by the court on November 3 to keep a re-rescheduled medical appointment with his physician abroad.
He claimed that the Federal Government acting through the operatives of the DSS and other security agencies, have frustrated the said order by barricading his apartment since the permission was granted.
Dasuki further asked the court to dispose with his appearance in court for the purpose of this application because of the alleged constant threats to his life by the security agencies.
In a 13-paragraph affidavit in support of the motion, Dasuki claimed that following the order of November 3 permitting him to go abroad for medical attention, he immediately purchased his travel ticket and boarding pass issued to him to accomplish the trip.
He averred that shortly after, the operatives of the DSS acting on behalf of the Federal Government stormed and barricaded his house at Asokoro in brazen defiance of the court order and prevented him from traveling out.
He said the siege on his house ought to be immediately removed and that as a result of the aggression of the Federal Government, his life has been under constant threat.
It will be recalled that the Federal Government had preferred criminal charges of unlawful possession of firearms and money laundering against Dasuki at the Federal High Court. He denied the charges and was granted bail. As a result of his successful application, Justice Adeniyi Ademola on November 3 granted him permission to travel abroad to treat his ailment.
The grant of the permission followed the affidavit evidence filed by the Federal Government that investigations into the alleged possession of firearms and money laundering have been fully completed.
However, the three weeks permission given him to go abroad for medical attention could not be enforced owing to a seeming forced house arrest since November 4, 2015.
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