COL. MOHAMMED SAMBO DASUKI (RTD.) V FEDERAL REPUBLIC OF NIGERIA

Issue:

The appellant and 5 others were arraigned at the High Court of the Federal Capital Territory [hereinafter called "the trial Court"] on an information alleging various allegations of criminal breach of trust, fraud, dishonest misappropriation of monies belonging to the Federal Government of Nigeria etc. In all, the appellant and the co-accused are being prosecuted on 19 charges. Upon arraignment, the trial Court, on 18th December, 2015, granted the appellant bail on terms. The terms on which the order releasing the appellant on bail was predicated were further reproduced in the Enrolled Order dated 21st December, 2015. The appellant met the bail terms, and was consequently released from the Federal Prison, Kuje, where he was held on remand on 29th December, 2015. The order releasing the appellant from the prison custody was carried out by the Controller of the Kuje Prison. The appellant was immediately re-arrested and taken away by officers of the Directorate of State Services [DSS]. When the trial Court granted bail on 18th December, 2015, it also directed the fixture of thetrial of the appellant and the other 5 co-accused persons to 2nd and 3rd days of February, 2016. The hearing has been frustrated since because of the interlocutory application and appeals. On 12th January, 2016, in reaction to his re-arrest, the appellant filed the motion. The trial Court, after hearing the parties and considering their various positions, dismissed the application having come to the conclusion, on the facts, that it "did not make any order against (the) re-arrest" of the appellant and that the 1st respondent, "the complainant in this case is not in contempt of my Order of 18th December, 2015". The appellant appealed the ruling dismissing his application seeking an order, inter alia, to prohibit the 1st respondent from further prosecuting him on four(4) grounds of appeal. In dismissing the appeal, the Court of Appeal [per Aboki, JCA], found, inter alia, that since trial Court made no order against the re-arrest or further arrest of the appellant no order of the trial Court was consequently disobeyed or flouted either by the 1st respondent, EFCC, or the DSS. This further appeal, brought on 7 grounds of appeal, is consequent upon that decision of the Lower Court dismissing his appeal.