release Col. Nicholas Ashinze, a former aide to the erstwhile National Security Adviser, NSA, Col. Sambo Dasuki (retd.), who had been in detention since December 23, 2015. Col. Sambo Dasuki (rtd.): Former NSA This came on a day full-blown trial of the former Chief of Defence Staff, Air Marshal Alex Badeh (retd), could not commence before the Federal High in Abuja, following a fresh proof of evidence the EFCC adduced against him. In the judgment on Dasuki’s aide, yesterday, Justice Yusuf Haliru directed the respondents to immediately release the applicant on self-recognition, saying his detention for over three months without trial, was “ illegal, wrongful, unlawful and constituted a blatant violation of the fundamental rights of the applicant.” The court also ordered immediate release of documents and items the anti-graft agency seized from the house of the applicant. Justice Haliru blasted both the EFCC and the army which he said acted as if Nigeria was still under military dictatorship. He said: “The EFCC is a creation of the law. The court will not allow it to act as if it is above the law. It is remarkable to note that the motto of the EFCC is that nobody is above the law, yet they are acting as if they are above the law. “The EFCC Act is not superior to the constitution of the Federal Republic of Nigeria. The respondents in this matter have not behaved as if we are in a civilised society. They have behaved as if we are in a military dictatorship where they arrest and release persons at will. “The respondents —the EFCC and the Army— I must be bold to say, have behaved like illiterates. “Why has the 1st respondent kept the applicant without bringing him to court? Why was the applicant, being a serving military officer, who could be easily reached, not granted administrative bail? Or is it that the applicant has been found guilty and already serving his jail term? “Nobody should be subjected to the whims and caprices of the EFCC. The essence of the rule of law and constitutional provisions is to ensure a just balance between the ruler and the ruled, between the powerful and the weak. “Though the EFCC has the responsibility to investigate financial crime, it must, however, conduct its operations in accordance with the rule of law. “The court is empowered to guard against improper use of power by any member of the society or agency, EFCC inclusive. “The detention of the applicant, for all intent and purposes, is not just unfair but unfortunate.” EFCC files fresh evidence against Badeh Meanwhile, a Federal High Court in Abuja has fixed tomorrow for the commencement of trial of former Chief of Air Staff, Alex Badeh, over allegation of money laundering. Full-blown trial of Air Marshal Badeh (retd), could not commence before the Federal High in Abuja, yesterday, following a fresh proof of evidence the Economic and Financial Crimes Commission, EFCC, adduced against him. At the resumed sitting, EFCC notified the court that it had already served copies of the fresh proof of evidence on the two defendants. The prosecuting counsel, Mr. Rotimi Jacobs, SAN, said his witnesses were around and ready to mount the box to enter their Evidence-in-Chief against Badeh. Jacobs said among the fresh evidence included a statement that Badeh made when he was interrogated by EFCC operatives in relation to the alleged fraud, as well statements by investigators and other proposed witnesses. He said the documents were served on Badeh since Friday.
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