Justice Hussaini Baba Yusuf of the Federal Capital Territory High Court has dismissed Sambo Dasuki’s application seeking to hold the Economic and Financial Crimes Commission, EFCC, in contempt because he was rearrested on December 29, 2015, by the Department of State Service (DSS) after perfecting his bail conditions.

Dasuki had argued that by being re-arrested by the DSS after meeting his bail conditions, the EFCC should be held in contempt and the case against him should be dismissed.

But the judge argued that from the available facts placed before the court it was a “stranger” to the case, the DSS that rearrested him and not the EFCC. He said the EFCC cannot therefore be held in contempt.

Justice Baba said the order admitting Dasuki to bail and granted on December 18, 2015 had been met and was not violated by the Economic and Financial Crimes Commission (EFCC).

“The re-arrest of December 29, 2015 was carried out by another party (DSS) that was not a party in the instance case before the court. It was therefore against the law to hold EFCC in contempt since Dasuki was released before another agency rearrested him,” he said.

The Judge therefore advised the counsel to Dasuki to institute a civil action against the DSS for the enforcement of the fundamental rights of Dasuki to freedom of liberty.

Newswire, PRNigeria, reported that shortly after the ruling, Dasuki’s lawyer, Ahmed Raji protested that he has no access to his client (Dasuki) since December 29, 2015 because Dasuki is being held by a “stranger” in the case, the (DSS), which is not in this case. He insisted that EFCC and DSS are working for the same master which is the Federal Government.

The lawyer said: “Since all Dasuki’s legal team could not have access to him, we seek for an adjournment to enable us tackle the stranger that is keeping former NSA in custody unlawfully since last year when he was admitted to bail.”

The Judge therefore adjourned to March 23, 2016 for trial.