The Supreme Court on Friday denied a bail application of the leader by the Niger Delta Peoples Volunteer Force, Alhaji Mujaheed Asari Dokubo.
The apex court held that both the Federal High Court and the Court of Appeal, Abuja were right in refusing to allow Dokubo go on bail while his trial for an alleged plan to overthrow the government of former President, Olusegun Obasanjo lasted. Five justices of the apex court unanimously held that neither Dokubo nor his lawyer, Mr. Festus Keyamo, contradicted claims by the government that Dokubo was a threat to the nation’s security.
Justice Tanko Muhammad, who delivered the lead judgment, held that in the circumstances, the liberty of Dokubo must give way to the corporate existence of Nigeria as an indivisible sovereign nation.
Excerpts from the judgment read, “The corporate existence of Nigeria as a united, harmonious, indivisible and indissoluble sovereign nation is certainly greater than any citizen’s liberty or right.
“Once the security of this nation is in jeopardy and it survives in pieces rather than in peace, the individual’s liberty or right may not even exist. I entirely agree with the court below that a charge of treasonable felony is a very serious offence and is prejudicial to national security. Finally, I find no merit in this appeal. Same is hereby dismissed by me.”
Four other justices, namely Aloysius Katsina-Alu, Niki Tobi, Francis Tabai and Olayiwola Aderemi concurred.
Before coming to the conclusion that the appeal by Dokubo lacked merit, Justice Muhammad said Dokubo failed to put in place assurances that if released on bail, he would not eventually translate into action his threat of continued “armed struggle.”
The Supreme Court justice said, “The applicant in my view has failed to meet the minimum demands for the grant of bail, looking at the totality of the circumstances surrounding his case.”
Keyamo said that he disagreed with the judgment, but accepted it as given. He said, “I disagree because the Supreme Court failed to limit itself to the issues raised in the appeal. It is trite that a court of law must limit itself to the issue submitted to it for adjudication and should not build a case for the litigants. The court went on its own to raise a defence for the Director of Public Prosecution.”
Keyamo said he was ready to meet the case of the prosecution in court. He however noted that the prosecutor had delayed the trial all this while.
Dokubo filed the appeal at the Supreme Court a year ago, after the Court of Appeal in Abuja had on June 16, 2006, refused his appeal against the ruling of a Federal High Court. He was arrested in 2005 and charged with alleged plans to overthrow the defunct Obasanjo administration.
Jun92007