The immediate past National Security Adviser, Col. Sambo Dasuki (retd.) has lost a fresh bid to stop his prosecution as another judge of Federal Capital Territory High Court in Maitama, Abuja, Justice Peter Affen, on Friday ruled that his application to stop his trial lacked merit.
The Judge dismissed the application by Dasuki seeking to stop his trial for alleged diversion of arms funds on the grounds that his re-arrest on December 29, 2015 violated the order of the court granting him bail.
Justice Affen held that Dasuki was unable to prove that he was being held by the Economic and Financial Crimes Commission (EFCC) after an order granting him bail as the EFCC had not disobeyed the order of court because it did not have the accused person in custody.
“The Federal Government and the EFCC did not disobey the order he had earlier granted,’’ the court held. “Since it was clear that the ex-NSA was not re-arrested by the EFCC but by the Department of State Service, the EFCC could not be said to have violated the said order granting him bail.
The Judge fixed April 20 and 22, April for trial.
Dasuki was arraigned by the anti-graft for allegedly mismanaging $2.1 billion meant for the purchase of arms for the Nigerian Army fighting insurgents in the North-East.
He, however, had pleaded not guilty to the charges.
Justice Baba Yusuf of the same court had also on February 8 made similar declaration that the detention of the former NSA was not in breach of his order granting bail to him on December 18, 2015.
Justice Yusuf had fixed March 23 for commencement of trial.