UNLAWFUL DETENTION: ECOWAS COURT DISMISSES FG’s OBJECTION AGAINST DASUKI.
The former National Security Adviser (NSA) Col Muhammed Sambo Dasuki (Rtd) triumphed at the Economic Community for West African States (ECOWAS) Court in the first leg of his court action challenging his alleged unlawful arrest and detention without trial since December last year by the federal government.
Against the objection of government, the Sub-regional court ruled today that it has jurisdiction to entertain the suit brought before it by Dasuki for the enforcement of his fundamental rights to liberty and to own property as enshrined in the provisions of the Nigerian 1999 constitution and African Charter on fundamental rights of persons.
In the ruling delivered by Justice Friday Chijoke Nwoke, the ECOWAS court dismissed out-rightly the objection of the government against Dusuki suit on the ground that the objection was misconceived, frivolous and lack merit.
Justice Nwoke in the unanimous ruling of the 3-member panel of the court held that the claim of government that Dasuki’s case emanated from his trial on certain offences was inappropriate and being the basis for his objection to the applicants case in this matter cannot hold water since the relieves sought by Dasuki have nothing to do with the ongoing trial at the domestic courts of Nigeria.
The Justices in their opinion held that the claim of government that Dasuki ought to have filed contempt charge against the Nigerian government for disobeying court orders that admitted him to bail but flouted by the defendant cannot be sustained because the case of applicant is not ambiguous, in that it has no root from any criminal trial in any court.
Justice Nwoke said that at any rate the case of Nigerian government cannot stand in the face of the law because there is no evidence that Dasuki has filed similar pending matter in any international court and that even if he has similar matter in any Nigerian court up to supreme court, such domestic court cannot have the status of international court as envisaged in the treaty in which Nigeria is a signatory.
“In our opinion, what Dasuki brought before us as a case is an issue for the enforcement of his fundamental rights to liberty and own property and against unlawful arrest, unlawful detention and unlawful seizure of properties without any court order or warrant of arrest.
“From the totality of the issues brought before this court, it is clear and there is no ambiguity that the applicant is seeking enforcement of his right to freedom and not on the issue of his trail for any alleged offence before any Nigerian court”.
Justice Nwoke further said: “therefore, the objection of the government and the request that the case of the applicant in this matter be struck out on the ground of emanating from any criminal matter has no basis, the claims and the request lack merit and hereby dismissed and we declare that the application of Dasuki is admissible to this court”.
The ECOWAS court said that it was not out to decide the issue of whether the applicant is guilty of the charges against him in the Nigerian courts or not but simply to ascertain whether his fundamental rights to liberty having been granted bail in criminal matters and rearrested since last year and kept in an unknown place constitute an abuse of his rights to freedom.
Dasuki through his lawyer, Mr Robert Emukpoeruo and Wale Balogun had dragged the FG before the ECOWAS court to complain that the invasion of his house in Abuja, Kaduna and Sokoto without any court order or warrant of arrest and even seizure of his properties comprising vehicles, money and documents constituted the abuse of his rights to liberty as enshrined in section 36 and 34 of the 1999 constitution and other international laws where Nigeria is a signatory.
Besides, he complained that the invasion of his house by operatives of government without lawful court order traumatised his 94 years old father who received shock and up till now has not recovered from the sickness that followed.
Dasuki therefore asked the ECOWAS court to award N500million compensatory damages in his favour having been denied access to medical attention in abroad as ordered by a Nigerian court since November last year.
The government through its lawyer, Mr Tijani Gazali had objected to Dasuki’s case on the ground that ECOWAS court has no jurisdiction to dabble into the trial of any Nigerian in the Nigerian court and ask the ECOWAS court to strike out Dasuki’s case because it constituted an abuse to the Nigerian courts.
Meanwhile, definite hearing in the matter has been fixed for May 17 and 18, 2016.
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