Dasuki’s family urges NBA to discipline Malami over ex-NSA’s prolonged detention

August 1st, 2018
By Ameh Ejekwonyilo
Apparently fed up with the continued incarceration of the immediate past National Security Adviser, Col. Sambo Dasuki (rtd), his family has dragged the Attorney General of the Federation (AGF) and Minister of Justice, Malam Abubakar Malami, SAN before the Nigerian Bar Association (NBA) urging for an investigation and sanction of the minister over his unprofessional conducts and utter disregards to the rule of law in the matter of the ex NSA.
 The family in a petition to the NBA President, Abubakar Mahmoud (SAN), accused Malami of exhibiting unprofessional conduct likely to cause anarchy in the country through his promotion of disobedience to the lawful order of courtS by the Federal Government.
In the petition dated July 23, 2018 and received by the NBA the same day, Malami was alleged to have made an 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 detention since December 29, 2015.
The family also wanted 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 (CJN), Legal Practitioners Privileges Committee (LPPC), and Legal Practitioners Disciplinary Committee (LPDC), the family regretted that Dasuki had been unjustly detained without a lawful order for almost three years by the federal government.
The petition signed by his wife, Hajia Bintu Sambo Dasuki; his son, Abubakar Atiku Dasuki and his nephew, Senator Umar Dahiru explained how the ordeal of Dasuki started when Buhari’s government came on board in 2015 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 Department of State Services (DSS).
 The petition also chronicled how Dasuki was arraigned before a Federal High Court and other High Courts of the Federal Capital Territory (FCT) on various charges but was granted bail by the judges claiming that the charges were bailable offences under the Nigerian law.
 The petition explained that on December 29, 2015 when the bails conditions were perfected and warrant of release signed by the court, the operative of DSS stormed Kuje Prison in Abuja and immediately rearrested the ex-NSA and had since clamped him in their detention camp.
 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 the Court of Justice of the Economic Community of West African States (ECOWAS) was approached and that in the landmark judgment of the court, the detention of Dasuki was declared illegal, unlawful, null and void and subsequently ordered his immediate release in addition to imposing a fine of N15m 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 judgment of Justice Ijeoma Ojukwu of the Federal High Court which on July 2, 2018 admitted 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’s 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 DSS and the Attorney General of the Federation 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 unprofessional remarks that the order of the court as relates to 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 unprofessional and unguided utterances capable of causing anarchy for the nation.
The NBA was prayed to invoke code of ethics on 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 Malami’s statement was prejudiced, unwarranted and unbecoming of a legal practitioner, adding that imposing sanctions against Malami will make other Nigerians to respect the rule of law.
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