Illegal Detention: Dasuki’s family writes NBA, wants AGF Malami punished
The family of the detained former National Security Adviser, Sambo Dasuki, has formally dragged the Attorney General of the Federation and Justice Minister, Abubakar Malami, before the Nigerian Bar Association (NBA) praying for an investigation and sanction of the minister over his alleged unprofessional conducts and utter disregards to the rule of law.
The family in the petition accused Mr Malami of exhibiting unprofessional conduct likely to cause anarchy in the country through his promotion of disobedience to the lawful order of court by the federal government.
In the petition dated July 23, 2008 and received by the NBA the same day, Mr Malami was alleged to have made unsalutary and unprofessional statement to denigrate the court, violate the constitution and encourage the continued breach of the fundamental human rights of Dasuki who has been clamped into the detention since December 2015.
The family also wants Mr Malami to be investigated in the resolve of the federal government not to comply with any order of court admitting the former NSA to bail.
In the petition copied the Chief Justice of Nigeria, Legal Practitioners Privileges Committee, and Legal Practitioners Disciplinary Committee, the family regretted that Mr Dasuki had been unjustly detained without a lawful order for almost three years.
Recalling how their son served Nigeria for 21 years as a courageous officer in the Nigerian Army; Managing Director Nigeria Security Printing and Minting Company (NSPMC) and later as National Security Adviser to the immediate past administration, they stated that Mr Dasuki in his lifetime has not been convicted of any crime till date.
The petition signed by his wife, Bintu Dasuki; his son, Abubakar Dasuki and his nephew, Umar Dahiru, explained how the ordeal of Mr Dasuki started when Mr Buhari’s government came on board with unlawful invasion of his houses in Abuja and Sokoto during which his vital properties including vehicles were carted away by the operatives of the State Security Service (SSS).
The petition also chronicled how Mr Dasuki was arraigned before a Federal High Court and other High Courts of the Federal Capital Territory on various charges but was granted bail by the judges claiming that the charges were bailable offences under Nigerian law.
The petition explained that on December 29, 2015 when the bail conditions were perfected, and the warrant of release signed by the court, the operative of SSS stormed Kuje Prison and immediately rearrested the Ex-NSA and had since clamped him in their detention camp.
Mr Dasuki’s family also recalled several efforts made to persuade the federal government to obey court orders and respect the rule of law on the issue of the ex-NSA through the court and noted that the family was advised to apply for enforcement of his fundamental rights in court.
Upon the advice, the petition indicated that Court of Justice of the Economic Community of West African States (ECOWAS) was approached and that in the landmark judgement of the court, the detention of Mr Dasuki was declared unlawful, null and void. The court subsequently ordered his immediate release in addition to imposing a fine of N15 million on the federal government as compensation for the breach of Dasuki’s fundamental rights.
The family regretted that up till date, the order of the international court was not obeyed by the federal government.
The petition noted the latest judgement of Justice Ijeoma Ojukwu on the Federal High Court which on July 2, 2018 admitted Mr Dasuki to bail upon a discovery that his detention was a breach of the constitution of the Federal Republic of Nigeria and that of the fundamental right of the Ex-NSA.
The Dasuki family claimed that upon meeting the bail condition, the warrant of release of Dasuki on bail signed by the court was served on the Director-General of SSS and the Attorney General for their compliance with the order of the court.
The family, however, informed the NBA in the petition that rather than complying with the order of the court, the AGF as the Chief Law Officer of the Federation made unsalutory and unprofessional remarks that the order of the court as relates to Mr Dasuki would not be obeyed by the federal government.
The family wondered whether a lawyer let alone a Senior Advocate of Nigeria ought to have engaged in such an unprofessional utterance capable of causing anarchy for the nation.
The NBA was asked to invoke laws on Code of Ethics on professional code of ethics against Mr Malami, investigate him and impose deserved disciplinary sanctions against him in order to safeguard the rule of law for the country.
The family lamented that Mr Malami’s statement was prejudiced, unwarranted and unbecoming of a legal practitioner adding that imposing sanctions against Mr Malami will make other Nigerians to respect the rule of law.
The family also asked the NBA to intervene in the ordeal of Mr Dasuki and speak out and take decisions and actions that will compel the federal government to respect the rule of law and obey the order of the court that admitted him to lawful bail.