Dokpesi, DAAR Investment and Holdings Ltd, were arraigned on seven counts bordering on procurement fraud and breach of public trust. He was alleged to have received N2.1 billion from the Office of a former National Security Adviser, Col. Sambo Dasuki (retd.), between October 2014 and March 2015 for services not rendered.

The Economic and Financial Crimes Commission had called 13 witnesses in the course of the trial. On November 21, 2018, Justice John Tsoho, had struck out Dokpesi’s no-case submission and ordered him to open his defence.

But he approached the Court of Appeal seeking to upturn the decision of the lower court.

Delivering judgment in the appeal on Thursday, Justice Elfrieda Williams-Dawodu of the Appellate Court, held that the EFCC failed to establish a prima facie case against the appellants.

Falana was responding to Malami’s claim that he ordered the release of Omoyele Sowore, convener of #RevolutionNow Movement, and  Col. Sambo Dasuki (retd), former National Security Adviser, on compassionate grounds.

Recall that InsideOjodu reports that Malami had said the Department of State Service, DSS, which had detained Sowore and Dasuki against court orders, was asked to release the duo not because of international pressure but on the grounds of respect for rule of law and compassion.

But in a letter addressed to Malami, Falana said: “It is trite law that once a trial court has granted bail to any person standing trial for any offence whatsoever and the bail conditions have been met, the detaining authority shall release the person from custody without any further ado.

“In other words, the refusal to release a defendant, who has been admitted to bail by a trial judge, is tantamount to contempt of court. Hence, before Sowore’s release, we had filed Forms 48 and 49 for the committal of the Director-General of the DSS to prison for contempt of court.

“The government is not permitted to refuse to comply with the order of bail under the pretext of defending the security of the nation. “Even under the defunct military dictatorship, detaining authorities were not authorised to incarcerate any person for “security reasons” in defiance of court orders.

“With respect, the Federal Government has itself to blame for the needless controversy that has trailed the release of the duo. But having belatedly deemed it fit to review your position and advise the Federal Government in line with the tenets of the rule of law you ought to have apologised to both Sowore and Dasuki.

“That is what is expected of you in accordance with section 32 (6) of the 1999 Constitution. It is not an occasion for grandstanding or arrogant display of power.”