Before Dasuki's Arrest By DSS Today Tuesday 1st Dec., 2015

Section 215(3) of the 1999 Constitution states that “the President or such other Minister of the Government of the Federation as he may authorize in that behalf may give to the Inspector-General of Police such lawful instructions with respect to the maintenance and securing of public safety and public order as he may consider necessary, and the Inspector General of Police shall comply with those or cause them to be complied with”.

As at Wednesday 18^th November 2015, when President Buhari’s ordered Dasuki’s arrest, there were two already subsisting Orders of two Judges of the Federal High Court Abuja on his fundamental rights to movement and personal liberty which were not complied with by Department of State Security (DSS). Buhari rained down his declaration calling for Dasuki’s arrest in the heat of disobedience of DSS to lawful orders. Though Mr President said he acted on the advice of the committee on procurement of arms and equipment in the armed forces which sought inter alia to investigate “phantom contracts” for the  purchase 12 helicopters, four fighter jets and munitions worth $2.9 billion.

These are weighty allegations and the sums staggering.  Therefore it is not in the interest of Mr President or any government agency or public officer to trivialize or politicize charges against humanity and the economy of Africa’s largest nation, weakened to corruption.  Serious as these allegations were, why was Dasuki not invited to state his own side, as he claimed he was not invited?

Under and by virtue of section 13 of the Federal High Court Act, the prosecutors of Dasuki could bring applications for consideration by the court for injunctive and restraining orders against Dasuki from taking benefits from the proceeds of the contract as alleged. Also Section 28 of EFCC Act empowers the Court, to make interim orders of forfeiture of Dasuki’s assets in favour of the Federal Government.

But with the Federal Government and its agencies taunting the court, if they should bring such applications for seizure or forfeiture  and freezing of Dasuki’s assets as some did indicate they would, the rules of court and the laws of all civilized nations enjoin obedience and it is trite law that contemnors  must first show respect to the subsisting Orders of the Court before they seek indulgences of the same court whose orders they flouted.

With respect to allegations by DSS that Dasuki will flee the country once they let him travel for his medics as ordered by the Federal High Court, they have besieged his home, they should know that all over the World particularly in America, Europe and Asia, there is no cover for money laundering activities anymore.

There are international laws and regulations developed to counter money laundering World over. So they have no real reason to think Dasuki would evade justice, he is a public figure you know.

http://www.thisdaylive.com/articles/arms-deal-lawyers-fault-buhari-s-arrest-order-on-dasuki/226354/

Carol Ajie, Constitutional and Human Rights Lawyer .

Saturday 21^st Nov., 2015