The Attorney General of the Federation and Minister of Justice, Mr. Abubakar Malami, SAN, has given 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-paragraph affidavit filed before the court, said he did not at any time, supported FG’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 Mr. Ballah Ali, a senior lawyer in his chambers, 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.
He therefore, 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 is praying 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 NSA, Colonel Dasuki, having been admitted to bail and met all the conditions attached to the said bails.
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.
