Before Their Lordships
MUSA DATTIJO MUHAMMAD Justice of The Supreme Court of Nigeria
JOHN INYANG OKORO Justice of The Supreme Court of Nigeria
CHIMA CENTUS NWEZE Justice of The Supreme Court of Nigeria
AMINA ADAMU AUGIE Justice of The Supreme Court of Nigeria
EJEMBI EKO Justice of The Supreme Court of Nigeria
Between
COL. MOHAMMED SAMBO DASUKI (RTD)
-SC.617/2016
-SC.618/2016 –Appellant
AND
1. FEDERAL REPUBLIC OF NIGERIA
2. SHUAIBU SALISU
3. AMINU BABA KUSA
4. ACACIA HOLDINGS LTD
5. RELIANCE REFERRAL HOSPITAL LIMITED
-SC.617/2016
AND
1. FEDERAL REPUBLIC OF NIGERIA
2. BASHIR YUGUDA
3. SHUAIBU SALISU
4. DALHATU INVESTMENT LIMITED
5. SAGIR ATTAHIRU
5. ATTAHIRU DALHATU BAFARWA
-SC.618/2016 –Respondents
…………………….A…………………….
EJEMBI EKO, J.S.C. (Delivering the Leading Judgment): The appellant and 5 others were arraigned at the High Court of the Federal Capital Territory [hereinafter called “the trial Court”] on an information alleging various allegations of criminal breach of trust, fraud, dishonest misappropriation of monies belonging to the Federal Government of Nigeria etc. In all, the appellant and the co-accused are being prosecuted on 19 charges.
Upon arraignment the trial Court, on 18th December, 2015, granted the appellant bail on terms. The terms on which the order releasing the appellant on bail was predicated were further reproduced in the Enrolled Order dated 21st December, 2015. The appellant met the bail terms, and was consequently released from the Federal Prison, Kuje, where he was held on remand on 29th December, 2015. The order releasing the appellant from the prison custody was carried out by the Controller of the Kuje Prison. The appellant was immediately re-arrested and taken away by officers of the Directorate of State Services [DSS].