Arms Deal: Dasuki’s SA seeks for bail on self recognisance
Colonel Nicholas Ashinze former Special Asssistant to the former National Security Adviser (NSA), Sambo Dasuki has sought Federal Capital Territory High Court sitting before Justice Yusuf Halilu to grant him bail on self recognisance.
At the hearing of the matter in which Ashinze dragged the Economic and Financial Crimes Commission (EFCC), the Chief of Army Staff and Nigeria Army to court for the enforcement of his fundamental right, Mike Ozekhome SAN represented the applicant while the defendants were neither represented nor did they file any counter affidavit to the application.
Counsel to the applicant, Ozekhome had submitted before the court that the litigants might decide not to defend its case, but that can be done is to summon them to court if need be, since the applicant has done everything the law obligates it to do, urging the court to entertain the matter in the absence of the respondents as it is ripe for hearing.
To which the court observed that the matter could not be adjourned as a result of the absence of the respondents, stating that he had always wanted the law agencies to appear on matters of fundamental rights, having notices the arbitrary detention of citizens within the caprices of government.
Citing FRN Vs Abiola in a matter before the court of appeal, Ozekhome further submitted that even in a treason matter, applicant could move for bail orally and be granted, urging the court to grant Ashinze bail on self recognisance, even as the respondents are not obliged to file a counter affidavit on the authority that, all the averment in the application, which has not been transversed or contradicted by the respondents.
“In law they are deemed admitted for all purposes refering to Olori Motors & co Limiter reported in 1998 6NWLR part 554 page 493, Fajimi against LASTMA & others 2014 LPELR page 22253, decision of the court of appeal in Musa against Commissioner of Police 2013 LPELR 21922 and Obiegue against AGF 2014 5NWLR page 171 particularly page 182.
“In all these cases the courts were clear that you do not need to force a person to file a counter as all the facts filed by the applicant are deemed admitted”, Ozekhome submitted.
Having heard submissions of the applicant, Justice Halilu adjourned the matter to March 14, 2016 for ruling
Amongst other reliefs, the applicant is seeking an order of the court directing the respondents to release him forthwith, his personal effects, documents and properties which were illegally, wrongfully and unlawfully seized from him without any warrant, during his arrest and continued detention, by operatives of the respondents, since 23rd December, Or alternatively, an order granting bail to the him on self recognizance or in the most liberal terms as the court may deem fit to impress in the peculiar circumstances of this case, an order directing the Respondents to tender a public apology and pay adequate compensation of N500, 000,000.00 (Five Hundred Million Naira) only as exemplary damages for the wanton and grave violation of the Applicant’s fundamental rights, without following the due process of the law.