Falana to Buhari: Obey the courts, release Dasuki, Nnamdi Kanu immediately

Buhari in France

A senior lawyer and supporter of the Muhammadu Buhari administration’s anti-corruption effort, Femi Falana, has advised the federal government to obey court orders and immediately release the former National Security Adviser, Sambo Dasuki, and the Biafran agitator, Nnamdi Kanu.

Mr. Falana, who was initially tipped to emerge Attorney General of the current government, warned that holding on to the two men despite existing court orders was a violation of the rule of law that President Buhari swore to uphold.

“Upon winning the election, President Buhari further pledged to abide by the Rule of Law,” Mr. Falana said in a statement published by Sahara Reporters. “To that extent, he has a duty to ensure that all organs and officials of the Government operate within the ambit of the law.”

Speaking on the detention of Mr. Dasuki, Mr. Falana argued that despite the huge mismanagement of funds for which the former is being tried, the fact that two separate courts granted him bail and the government is yet to appeal the bail rulings, means he should be released.

“The decision of the SSS to ignore the order admitting Col. Dasuki to bail coupled with the failure to re-arraign him on fresh charges is tantamount to impunity in every material respect,” Mr. Falana said.

“If the federal government were aggrieved by the order admitting Col. Dasuki to bail it should have challenged it in the Court of Appeal.

“Much as the Nigerian people are fully behind the Buhari Administration in the patriotic move to recover the looted wealth of the nation, the federal government should be advised to ensure that the procedure for the loot recovery meets the tenets of the rule of law.”

Mr. Dasuki, a retired colonel, is charged with mismanaging $2.1 billion funds meant for equipping the military to combat the Boko Haram insurgency.

On the Biafran agitator, Nnamdi Kanu, Mr. Falana said “the order admitting the leader of the Indigenous People of Biafra, Mr. Nnamdi Kanu, to bail should also be complied with.”

The arrest of Mr. Kanu, who also promoted Radio Biafra, and called for the armed dismantling of Nigeria, has led to mass protests by thousands of Igbos across Nigeria who have demanded for his release.

“If the federal government has other charges against both suspects (Messrs. Kanu and Dasuki) it should file them in the court,” Mr. Falana said. “There is no provision for keeping criminal suspects at the pleasure of security officials. Meanwhile, all valid and subsisting orders made by courts in favour of criminal suspects should be obeyed without further delay.”

President Muhammadu Buhari had during his presidential media chat given a reason why his government has not released both men despite the court orders.

“If you see the atrocities these people committed against this country, we can’t allow them to jump bail,” the president said.

Read Mr. Falana’s full statement below:

For 16 years that the Peoples Democratic Party was in power, the federal government exhibited total contempt for the Rule of Law. The Constitution and other laws were breached with impunity while court orders were disobeyed on a regular basis. In the famous case of Attorney-General of Lagos State v Attorney-General of the Federation (2005) 2 WRN 1 at 150 the Supreme Court held that “In our democracy all the Governments of this country as well as organizations and individuals must kowtow to the due process and this they can vindicate by resorting to the courts for redress in the event of any grievance.”

One of the reasons why Nigerians voted for the candidate of the All Progressive Congress, General Muhammadu Buhari (rtd) during the last general election was his promise to fight corruption and end impunity in the country. Upon winning the election, President Buhari further pledged to abide by the Rule of Law. To that extent, he has a duty to ensure that all organs and officials of the Government operate within the ambit of the law. In particular, he should not allow overzealous security personnel to engage in any form of impunity and thereby expose the Government to unwarranted embarrassment.

In July last year, the State Security Service (SSS) searched the private residence of former NSA, Col Sambo Dasuki (rtd) at Abuja. When Col Dasuki alleged that his house was illegally searched, I pointed out that the action of the SSS was justified as there was a search warrant validly issued by a magistrate court in the federal capital territory that authorised the search. He was eventually charged with money laundering and criminal diversion of huge sums of public fund before the Federal High Court and the Federal Capital Territory High Court at Abuja. Notwithstanding the gravity of the offences, both courts have admitted him to bail. But after he had met the bail conditions the SSS decided to rearrest him at the gate of Kuje prisons on the ground that investigations have not been concluded in respect of other criminal allegations.

The decision of the SSS to ignore the order admitting Col Dasuki to bail coupled with the failure to re-arraign him on fresh charges is tantamount to impunity in every material respect. If the federal government were aggrieved by the order admitting Col. Dasuki to bail it should have challenged it in the Court of Appeal. Much as the Nigerian people are fully behind the Buhari Administration in the patriotic move to recover the looted wealth of the nation, the federal government should be advised to ensure that the procedure for the loot recovery meets the tenets of the rule of law. The SSS and other security agencies should therefore refrain from allowing corruption to fight back by playing into the hands of the criminal suspects who have committed crimes against humanity by diverting money earmarked for the procurement of arms and armament to fight the terrorists.

In the same vein, the order admitting the leader of the Indigenous People of Biafra, Mr. Nnamdi Kanu, to bail should also be complied with. If the federal government has other charges against both suspects it should file them in the court. There is no provision for keeping criminal suspects at the pleasure of security officials. Meanwhile, all valid and subsisting orders made by courts in favour of criminal suspects should be obeyed without further delay.

To ensure that suspects are no longer held in custody in any part of Nigeria without any legal justification section 34 of the Administration of Criminal Justice Act has imposed a duty on each the Chief Judges to designate a Chief Magistrate and a Judge of the High Court to visit all police stations and other detention centres within their jurisdiction, at least once a month. During such visits, appropriate directives shall be given while any officer who detains any person illegally will be sanctioned.

Femi Falana SAN


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  • Tunde

    The hypocrite finally finds his voice

  • John Osaro

    This is nothing but a face saving statement by Falana after his earlier blind support for this administration. He is saying this now because his hope of becoming Attorney General has been dashed. Yeye man

    • No Bull …..

      You took the words out of my mouth or should I say keyboard.

    • Tom Nwafor

      Why don’t you people appreciate the fact that someone can support a cause and yet criticize its mode of its implementation? Femi Falana supported Buhari and the change mantra of his party. But that does not mean he would support anything they will do wrong. And speaking against such wrong doing does not mean he no longer supports the government.Take your bearing please

      • Darlington

        Pls stop responding to these paid APC e-rats who lack common reasoning capacity.

  • David Musaed

    Nobody will release those traitors , fvck rule of law. All the accused that has been granted bail did we hear of their cases in court again. Courts order my foot.


      Nigeria is a democracy and we have laws. Only the courts of justice determine bail after considering circumstances. Buhari and his cousin have no right to operate a medieval dictatorship in Nigeria,this is a secular democratic 21st century nation,we are not a 14th century Fulani Caliphate.

    • No Bull …..

      Agree with you. These people forgot about rule of law when they were doing their acts

      • Darlington

        No Nation can be run without rule of law. Two wrongs cannot make a right. Buhari is destroying our democracy at the seed of light.

    • JoeTheBlaster

      You are very right. I am mighty disappointed in Femi Falana’s anti-people’s cheapness.


    The primitive dictator Buhari and his cousin the secret police goon Daura have deployed a mindset of fascist tyranny which has seen Nigeria overtake North Korea as the pace-setter in state sponsored extra-judicial killings. The Buhari junta has executed more citizens extra-judicially in just 8 months than their North-Korea counterparts have done in 3 years.

  • muazu wali

    I am disappointed. For someone with tremendous self respect to demand the President to comply with court orders in the newspaper is disgrace to your person. You have several channels to offer advice, object to some policies or actions of governments and generally impact in the actualisation of what is best for Nigerians. Activism has taken a new form. It is the fourth realm not in governance and not in dictating what government should do or should not do. It is to inform, educate and bring better understanding by nigerians in governance. We are no longer a colony and we are not under a military regime. Let us begin to create respect for our elected leaders.


      It does not matter which channels Mr Falana uses,the truth is what matters and he has said it.

      • JoeTheBlaster

        And the truth here is that neither Dasuki nor Kanu should ever see the light of day again. They should rot in hell and Falana can join them there.

        • Tom Nwafor

          Clap for yourself. Sadists do not hide themselves

          • Kickboxer

            you meant he may be a Boko Haram or herdsman on the run?

          • Darlington

            He is a confused Sai Babaist.

      • muazu wali

        There are better ways of telling the truth.


          Through hiding it away from the public to please your dictator abi ?

          • muazu wali

            Let him take EFCC to the courts challenging the continued detention of the two criminals. He has enough money, as much as he has a loud mouth.


            Typical dead-ender’s stance.

          • muazu wali

            A lawyer has just done what I said. He filed a suit in Lagos against EFCC. Please read more widely.

  • Höly Wähala

    Fraudulent call by Femi Falana who is just waking up to legal truth after getting dumped as AGF. He should’ve gone two steps further to call for charging to court of Sheikh Zakzaky and Olisa Metuh… abi is Buhari not violating our Constitution in holding them indefinitely? Femi Falana is your classic hypocrite, opportunist and boisterous propagandist. I hate him… Oloshi ni Falana!

    • Otile

      Why do you Oduafraudians hate the truth? Falana is a man of honesty unlike you, maria, burbank, imbecile julius, abubakar tundemash and other fraudsters. Believe it or not, Babalowo nla is more reasonable than many of your cohorts mentioned here.

      • JoeTheBlaster

        Not at all. The man is telling the truth. Your own understanding of “truth” is only different from his. Someone should tell Femi Falana to simply shut up and stop seeking cheap relevance.

        • Otile

          Do you really want to tell us that babalowo nla makes sense to you?

    • Iniabasi Akpan

      Since when?

    • New Nigerian

      How about the permanently silenced 36,000+ Nigerians by a militia that was aided and abetted by Dasuki through the strategic weakening of the Nigerian Armed forces through the theft of the arms money. Falana should start speaking from this angle and I’d take him serious. Until then he is punching below his weight.

      • Darlington

        Two wrongs cannot make a right. Anti-corruption fight without rule of law is worse than corruption itself.

        • New Nigerian

          No rule of law? Who have been extra-judiciously lynched because of corruption?

      • Höly Wähala

        If I want to read a book, I buy a book…
        Comment, do so succintly. Didn’t read your windy gibberish…

        • New Nigerian

          None? If you believe that Boko Haram was a false flag operation of the last administration then you’d see that everyone arrested in connection with the arms – money-sharing deal are sponsors of Boko Haram at one level. Now at the front – many people have been arrested, including a John Trankil – I expect the intelligence is being gathered that will lead up the chain of command of those in the theater of war directly.

  • Dr Pat Kolawole Awosan

    Femi Falana-SAN is a frontline human right lawyer and a wll known people,s attorney who supposed to know whom to direct his request for the obey of court judgement that granted bail and releases of Col. Sambo Dasuki, from the anti-corruption detention center and the release of the sponsor of the Biafra movement and operator of Biafra radio,Nnamdi Kanu from DSS prison.Mr Femi Falana,should best direct his requests to the EFCC and DSS instead of president Muhammadu Buhari.
    President M.Buhari, is the president of Nigeria as EFCC represents anti-corruption crimes and DSS deals with the security of the nation.President M.Buhari does not dictate to various state institutions as each institution knows what their duties entail and what to do at the appropriate time.

    • Otile

      Babalowo nla Awosan, what are you struggling to say? Semi illiteracy is bad, man.

      • Oh!

        …complete asininity as seen with you is even worse.

        • Damilola

          Otile nailed that man bros. How you think baffles and wrecks humanity

        • Otile

          Do you understand the babalowo?

      • concernednigerian

        I thought I was the only one who was lost in understanding what the good Doctor was trying to convey. I do hope that next time he would write in vernacular.

    • Henry

      The reason why PMB is being ask to release because of his statement on is media chat

    • Oh!

      If prosecutors want to keep you as a guest, you are not going anywhere!
      The have legals means with which to hold you regardless of bail or discharged cases.

      • Tom Nwafor

        Those so called “legal” means are what constitute abuse of the rule of law and that is what democracy ought to correct

    • Tom Nwafor

      I suppose Femi Falana is convinced that without the tacit support of President Buhari, both the EFCC and DSS would not be acting outside the law. That is why he directed his appeal to Buhari. President Buhari admitted that much during the media chat

    • Damilola

      Really?? To whom are they answerable please? I guess they appointed themselves. Why must we always live for these dead brain politicians, ehh, till when are we going to stop using our anus to think to the enrichment of these goats? You don’t understand how odd you appeared in that thought.

  • B. Messi

    @Premium Times;

  • Dr Pat Kolawole Awosan

    Mr Falana is sure right on this even though his outburst is rather belated. One wonders why Falana has not said anything about the asset declaration by his learned colleague – Mr Osinbanjo. Nigeria is a country that does not ask questions. Otherwise why would an unknown lawyer like Mr Osinbanjo (VP) declare cash assets of N104m and another approximate $100m as personal as part of his personal assets and nobody is asking questions? By this declaration, the VP had an effective (physical) cash assets of about N350m in his account as at May 29, 2015. But no one is asking him how he got the money. He was just a laywer and a part time University teacher before he got into politics. HOW did Osinbanjo make his millions? Asset declaration goes beyond the mere exposure of your assets to the public. In also involves PROVING with VERIFIABLE evidence HOW you acquired the assets. This is what Osinbanjo has not done and Nigerians are not asking and neither is the so-called Asset Verification committee telling us that they verified HOW (Not the cash balances) he got the millions. I know so many hardworking lawyers who never get a quarter of that in a century. I of course know so thousands of University teachers who would even in a dream will give a vehement objection of any insinuation that they are that rich. But which cases did he handle that made him that reach? How much did the University of Lagos pay him as a Lecturer? What exactly did Osinbanjo do to get his millions? The oddity of the silence amongst Nigerians and especially the APC ruling party in this regard, is to say the least quite discomforting.

    • Tom Nwafor

      Nigerians do not ask questions where they are supposed to do so. That is why the problem of corruption can never abate in the country. Mr. Osinbanjo’s asset declaration ought to attract more scrutiny because he had held public office before this appointment and could not have made his millions only from legitimate income as a lawyer cum lecturer. Who will bell the cat? Dogs don’t eat dogs you know.

    • Damilola

      Rem he’s Tinubu boy oo, you can’t work with such calibre of person and still remain a dry lawyer or whatever you handle for him, especially when it comes to turning the impossible possible for him. So if you ask me, I will say he has no or limited questions to answer other than moral. Of which in law practice I don’t think there is anyti of such, ones you can prove it.

  • IZON Redeemer

    Is Falana just waking up from his self induced APC sponsored political slumber-?-Now that they know Buhari is become a National Disgrace abi? Just examine the call against the backdrop of the editorial of the Nation–U will wepps for Buhari–The best he can is to quit–now!–For the maan is become an uncurable sadist————–Falana now yearns to be relevant again abi?-It is a shame that Mumu Buhari –is the type of person Nigeria can produce among the Fulanis from Chad as President–The man is a National disaster–evil to a fault—-haunting a man who handed over peacefully to him–because he is empty upstairs—–what a shame—–30 years ago Buhari refused to allow Pa Ajasin go home even when the-courts freed him-of all the fake corruption allegation Buhari manufactured against him -He did same to Dr. Ambrose Ali the Bendel state governor—Sadly the two died shortly after their release-by IBB-Yet the USA still went ahead to impose such a monsters on Nigerians—Buhari must have piosoned Kalu–Dasuki–and Metuh already given his past records of killing people in his gulag-animals

    • Buhari4Ever

      Deri Orbuka, an Ijaw man in permanent delusion!! GEJ had no other option than handing over to Buhari after losting the election. Criminals like Dasuki and gay terrorist Nnamdi Kanu face the consequences of their actions. This is what we call leadership not a docile, clueless and inept GEJ who squandered, looted and wasted $480Bn revenue

  • New Nigerian

    Falana’s argument is academic and not absolute, there are other opinions different from his. Without considering the security angle, the next judge should grant Dasuki bail to the tune of $2.1billion or whatever he misappropriated…this way, if the condition were met and he was to evaporate into thin air upon release on bail, Nigerians can simply declare him wanted knowing the commonwealth is recovered and move onto the next case….Diezani, et al.

    Now from the security angle, Dasuki and all those who shared in the arms-purchase money should be charged on criminal grounds of weakening Nigerian Armed Forces strategically thereby aiding and abetting a terrorist organization leading to the death of more than 60,000 Nigerians, the internal displacement of more than 2 million and the economic devastation in the billions. Falana should be on the fore front, as human rights activists, seeking to get justice for the permanently-silenced on this front. And if he is to shirk in this responsibility, we the people at the right time would further the action at the international court of justice based on the file already opened against Goodluck Jonathan and his court jesters

    • Damilola

      “Applaudisir mua” tomfoolery crap!!

    • Shehu Monguno

      New Nigeria, justice in Nigeria is built on the premise that a man is innocent until proven guilty in a court of law, so as it is TODAY Dasuki still remains innocent. Justice is also obeying all court orders no matter how unpleasant

      • New Nigerian

        Are you in doubt that Dasuki is a walking dead man if he were to be released? I am not. The chap already spilled the bean on two many “respectable” member of society across the length and breadth of Nigeria – and it has put so much fear of God in them that one even re-married his long-married wife, while changing his faith, in a nutshell…folks are quaking in their shoes/boots/sandals/

        So let’s say, he is able to dodge the bullet if Dasuki were granted bail, he would disappear – every one knows he would – and those who are crying for his release now, would be the first, according to their public profile to accuse Buhari’s administration of providing an escape route for a Hausa-Fulani man and how the fight against corruption is selective blah blah blah. So, let these confessed criminals be put in protective custody for now, if no law exists to keep them, let the national assembly pass one. Let them pass a homeland security bill and grant the attorney general to keep indefinitely any persons of interest (defined as anyone who steal at least N1billion) or commit terrorism and/or kidnapping

        • Shehu Monguno

          New Nigerian, first Dasuki is not a Hausa-Fulani man because there is nothing like Hausa- Fulani. The Hausa’s speak Hausa and the Fula’s or Fulani’s as known in Nigeria speak Fulfulde. Dasuki is Fulani.

          Second, Dasuki is over 60 years and the responsibility to take care of himself is his. He applied for the bail and if he bites the bullet that is his problem. Trying to provide protection for Dasuki which Dasuki has said he does not want is laughable.

          It is not the responsibility of the government to determine who goes into protective custody but that of the courts. After all it was GMB that charged Dasuki to court and he cannot turn around say he does not accept the judgment of the very court he took Dasuki to because the court ruled against him.

          About disappearing, where will Dasuki disappear too? Iraq? Syria? UK? Nigeria has extradition treaty with over 160 countries and if he jumps bail we can request and get him returned back to Nigeria. After all Nigeria regularly extradite Nigerians to foreign countries for trial.

          About the homeland security bill, a person can only be punished using existing laws and not future laws that we want to pass. As the law says today, a man is innocent until proven guilty and all court orders must be obeyed

  • Ifeanyi Nwoko

    Mr. Falana, rest your case biko. You are joining the party too late. If you were AG, my best bet is that you would be propping up Buhari now. Credibility, lost.

  • chidinma

    Nation Newspapers’ editorial on Buhari’s media chat is aptly put. Nonetheless, I guess it is a display of the on-going fight between Tinubu and Buhari which has been hidden from the plain sight by APC machineries.

    Subliminally, Nation Newspapers are becoming Muhammadu Buhari’s opposition. Just look at the excerpts:

    “He is still struggling with realising that he is no longer General Muhammadu Buhari who could freely express a personal opinion on any issue.

    As President, in which capacity he was being interviewed, he was expected to be more circumspect in considering and volunteering information.

    On the arrest, detention, arraignment and trial of Mr. Nnamdi Kanu for treasonable felony, for example, the President could hardly contain his annoyance. He referred to the campaigner for resuscitation of Biafra as “that one you call Kanu”. He did not deny having a preference for continued detention of the man, despite a bail order by the court, thus giving the impression that he has no respect for the judiciary and its decisions…”

    • Isi Agwo

      My friend, a brain-dead, certificate forging dodo (also called Bokohari) cannot “be more circumspect.”

      • Buhari4Ever

        Animal in human skin. You and your family are useless bunch

  • Damilola

    Nobody should insult our dear activist here oo. How do you make speech against the will and go ahead of your employer. If he can’t be Buhari AGF, he could be someone else’s dejour AGF in an aloof govt. Jagaban Is really a Maradona, he dribbled this man to make him belief he could be AGF with the turn things took after which he knew quite well the dream was daunting, just to woe him for a war. Hence, Falana’s response to salient issues like this will always be belated, but bombastic and drawing a spot from the previous administration.

  • ibsoken

    Waking up from sleep?

  • Aremu Mathew Okikiolu

    Those of you mumbling here, what has Falana done to warrant the aspersions on his person? Wild guesses, assumptions and conjectures remain the lowest form of knowledge. The Editorial by the Nation Newspapers, remains the paper’s opinion. To insinuate that the Nation’s opinion is the password for the imagined fight between Buhari and Tinubu is arrant nonsense.
    Dr. Awosan, you crossed the line here buster. Prof. Osinbajo is a brilliant lawyer who transformed the Lagos Judiciary. He is nicknamed the ‘Legend’ by his teeming students. If you are not as enterprising as the Vice-President of Nigeria, go and sort that out in your village. If you have any evidence against the learned SAN,, please go to court.
    Fighting corruption is difficult for corrupt minds.

  • MushinSpeaks

    I dont see where a sitting President will order for the release of suspect without a court’s approval. Would that not speak against the rule of law? Dasuki was bailed for one and not all of the alleged offences. Let him fight for his bail n the court pls.

    • Otile

      When did your Fulani master Imam Mohamed Buhari get himself a genuine School Certificate? He is a huge disgrace to Nigeria and you know it.

  • bjay

    Falana is traitor double standard person that is why PMB couldn’t make him a minister, a man who took 2.1 billion dollars and allow people to be slaughter any how then this man want him to be release. Na waooo

    • Chris

      What about Nnamdi kalu