I Didn’t Support Buhari, FG’s Refusal To Release Dasuki, Malami Tells Court

…Says advised FG to release IPOB leader, Kanu on
bail

The Attorney General of the Federation and Minister of Justice,
Mr. Abubakar Malami, SAN, has adduced reason why 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 the detained former National Security
Adviser, NSA, Col. Sambo Dasuki, retd.

Malami, in a five-paragraphed affidavit he filed before the
court, said he did not at any point in time, support the federal
government’s refusal to release Dasuki who has been in custody of
the Department of State Service, DSS, since December 29, 2015.

He denied report that he had in an interview he granted to an
online media outfit, insisted that Dasuki, who served as NSA under
the administration of former President Goodluck Jonathan, would not
be allowed to enjoy any form of freedom, in view of the gravity of
offence he allegedly committed while in office.

The AGF told the court that he never rendered legal advice to
President Muhammadu Buhari, FG, or any of its agencies in
contravention of the 1999 Constitution, as amended, or any other
law in force, adding that he has no control over the DSS or its
Director General so as to influence Dasuki’s continued
detention.

To further exonerate himself, Malami, in the affidavit that was
deposed to by a senior lawyer in his chambers, Mr. Ballah Ali, told
the court that he was the one that persuaded FG to release the
leader of the proscribed Indigenous People of Biafra, 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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