The Attorney General of the
Federation and Minister of Justice, Abubakar Malami, SAN, has said that he had
advised President Muhammadu Buhari to release a former National Security
Adviser, Col. Sambo Dasuki, retd.
He said this while defending
reason the Federal High Court in Abuja should not strip him off the rank of SAN
for encouraging the Federal Government to ignore six separate court orders that
granted bail to Dasuki.
The senior lawyer, in a
five-paragraph affidavit he filed before the court, also said he advised the
Federal Government to release the leader of the Indigenous People of Biafra,
Nnamdi Kanu.
Malami said he had never at any
point in time backed Buhari’s refusal to release Dasuki who has been in custody
of the Department of State Services, DSS, since December 29, 2015.
Malami, in the affidavit that was
deposed by one of the senior lawyers in his chambers, Ballah Ali, told the
court that he was the one that persuaded FG to release the leader of the IPOB,
Nnamdi Kanu, on bail.
He said he also convinced FG to
pay N135 million as compensation to families of deceased and injured victims of
the invasion of an uncompleted building in Apo area of Abuja by DSS in 2013,
sequel to the recommendation of the National Human Rights Commission, NHRC.
Consequently, he urged the court
to dismiss the suit that was lodged against him by an Abuja based
constitutional lawyer, Mr. Johnmary Jideobi.
The plaintiff had in his suit
marked FHC/ABJ/CS/807/2018, prayed the court to void Malami’s SAN rank,
accusing him of engaging in unprofessional conduct.
Specifically, the plaintiff, is
praying the court to determine, “Whether upon a community reading and complete
understanding of Sections 1(1), 150 (1) and 287(3) of the amended 1999
Constitution of the Federal Republic of Nigeria read alongside Rule 1 of the
Rules of Professional Conduct for Legal Practitioners 2007, the Defendant is
not bound to exercise the powers of his office and discharge his functions
thereunder ONLY in accordance with the provisions of the Constitution of the
Federal Republic of Nigeria 1999 as amended?
“Whether upon a community reading
and complete understanding of Sections 1(1), 150 (1) and 287(3) of the amended
1999 Constitution read alongside Rule 1 of the Rules of Professional Conduct for
Legal Practitioners 2007, the Defendant has not violated his oath of office as
Senior Advocate of Nigeria and failed in his duty as a Legal Practitioner [more
so the Chief Law Officer of the Federation] by defending the refusal of the
Federal Government of Nigeria to obey six valid Court Orders directing it to
release a former National Security Adviser [Rtd. Colonel Dasuki] having been
admitted to bail and met all the conditions attached to the said bails.
As well as “Whether upon a
community reading and complete understanding of Sections 1(1), 150 (1) and
287(3) of the amended 1999 Constitution read alongside Rule 1 of the Rules of
Professional Conduct for Legal Practitioners 2007, the Defendant has not
desecrated the Nigerian Constitution, his oath of office both as the
Attorney-General of the Federation and as a Senior Advocate of Nigeria in not
only failing to support the Constitution but to assault same by his defence of
the refusal of the Federal Government of Nigeria to release a former National Security
Adviser [Rtd. Colonel Dasuki] despite valid court orders admitting him to
bail?”
In his defence however, Malami
maintained that the allegation that he backed FG’s action against Dasuki was
“false, fabricated and falsified” to bring him to public ridicule.
Nevertheless, he said there was
nothing before the court to show that Dasuki perfected all the conditions or
terms of the bail that was granted to him on July 2, 2015.
He said: “On 2nd March 2018, the
Supreme Court while delivering judgment in an appeal brought before it by
Dasuki to challenge his continued detention and praying for suspension of his
trial pending the time the bail orders were obeyed by government, held that the
bails granted Mr. Dasuki in respect of criminal charges brought against him by
EFCC have been obeyed having being implemented by the Controller of Prisons,
Kuje on December 29, 2015 before he was rearrested by the Department of State
Services, DSS.
“The Supreme Court equally held
that the EFCC, though the prosecuting agency, cannot be held responsible for
the detention of Dasuki by DSS.
“The Defendant neither arrested
nor detained Col. Dasuki, Rtd, and he is also not in custody of the Defendant.
The Defendant also did not autborize the DSS not to release Col. Dasuki, Rtd, or
any other person for that matter. The Defendant does not also control or
supervise the DG, DSS or the DSS itself.
“That Col. Dasuki, Rtd being the
allegedly aggrieved person, did not authorize the Plaintiff to make any
representation on his behalf in the instant case.
“That Col. Dasuki, Rtd, being the
allegedly aggrieved person, did not take any step to enforce the court orders
in question.
“That the Defendant in due
compliance with the oaths of his office as Attorney General of the Federation
and Senior Advocate of Nigeria, has spearheaded efforts by the Nigerian
Government to comply with court orders and/or judgments, including but not
limited to:
“In all prosecutions instituted
as part of the anti-corruption drive of the current administration, all the
accused persons have been released upon their admittance to bail.
“Upon the granting of bail to the
leader of the Indigenous Peoples of Biafra, IPOB, Nnamdi Kanu, by this
honourable court, he was released from prison custody in April 2017.
“In April 2018, the sum of
N135million was paid as compensation, upon the recommendation of the National
Human Rights Commission, to the families of deceased and injured victims of the
invasion of an uncompleted building in Apo area of Abuja by DSS in 2013.
“In September 2018 the Federal
Government in compliance with the judgment of the National Industrial Court,
reinstated Mr. Yushau Shuaib, a Chief Information Officer who was retired in
2013.
“The Plaintiff has not obtained
any court order/judgment against the Defendant which is not yet obeyed.
“That the Defendant has not
misconducted himself in his official capacity as Attorney General of the
Federation or in his personal capacity as a Senior Advocate of Nigeria in any
proceeding before this honourable court to warrant a report being made to the
Legal Practitioners Disciplinary Committee.
“That the Defendant did not at
any time defend the alleged refusal of the Federal Government to obey six
different court orders directing the release of Col. Sambo Dasuki, Rtd.
“The Defendant did not at any
time render legal advice to the President or the Federal Government or any of
its agencies in contravention of the 1999 Constitution, as amended, or any
other law in force.
“That is is in the interest of
justice to refuse this application”, Malami added.
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