Monday, 4 January 2016

Prof. Itse Sagay justifies continued detention of Sambo Dasuki and Nnamdi Kanu

Prof. Itse Sagay
In his submission on the president’s stance on the continued detention of Col. Sambo Dasuki (retd) and Nnamdi Kanu, Professor Itse Sagay, SAN argued that the Federal Government was not in violation of the rule of law as any bail granted an accused is completely related to the offence which he is charged before the court.

Buhari had in his first presidential media chat at the Aso Rock Villa in Abuja, adduced reasons why the Federal Government would not readily allow both Dasuki and Kanu to regain their freedom from detention.

Justifying the continued detention of Col. Dasuki (retd) and Kanu, legal icon, Professor Itse Sagay, SAN, said the Federal Government was not in violation of the rule of law.
He said: “The way I see it is that any bail granted an accused, is completely related to the offence which he is charged before the court. So, if after he (the accused) has been granted bail and the prosecution discovers another offence for which no bail has been granted, then the accused can be re-arrested. So, that cannot be in violation of a bail, which is in relation to an earlier stated offence.
Sagay, who is also the chairman of the presidential committee on anti-corruption was quick to point out that “I do not know the full facts but what I am saying is that if this re-arrest arises out of fresh offences, which are not part of the ones for which the person had been granted bail, then there is a right to arrest. This is not a breach of the rule of law.”

Kanu, who is facing a six-count charge bordering on treason, has been in detention since October 14, 2015, when he was arrested by operatives of the Department of State Service, DSS, the former NSA, who is facing multiple charges before three different courts, was re-arrested last week at the gate of Kuje Prison, Abuja, shortly after he perfected all his bail conditions.

Responding to a question during the media chat, President Buhari, justified the continued incarceration of the two accused persons. He said considering the weight of the allegations against them, they could jump bail if granted any form of freedom.
He said: “Technically, if you see the kinds of atrocities these people are believed to have committed against the country, if they are given the opportunity, they will jump bail. And the one you are calling Kanu, do you know he had two passports – one Nigerian, one British – and he came into the country without any? Do you know he brought equipment into this country and was broadcasting Radio Biafra? Which kind of government do you think should harbour that kind of person? There is a treasonable felony suit against him and I hope the court will listen to the case.”

Credit: Vanguard

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