Col. Sambo Dasuki (rtd.): Former NSA
ABUJA— The Economic Community for West African States (ECOWAS) court, yesterday, told the Federal Government that it had jurisdiction to determine the legality or otherwise of the continued detention of the former National Security Adviser, NSA, Col. Sambo Dasuki (retd).
The court, in a ruling by a three-man panel of justices, said it would go ahead to hear and determine the meritS of the fundamental rights enforcement application Dasuki lodged before it.
In a unanimous decision, the court, dismissed a preliminary objection the Federal Government raised against the suit, even as it fixed May 17 and 18 to commence definite hearing on the matter. Justice Friday Chijoke Nwoke, who read the ruling, maintained that Federal Government ’s objection to the suit was misplaced, misconceived and grossly bereft of merit.
The court said: “In our opinion, what the applicant 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 trial for any alleged offence before any Nigerian court.
“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 some criminal matter has no basis, the claims and the request lack merit and are hereby dismissed and we declare that the application of the applicant is admissible to this court.” The ECOWAS court said it was not invited to determine whether or not the applicant is guilty of the charges pending against him before Nigerian courts, but simply to ascertain whether his fundamental rights to liberty had been breached.
The court said it was invited to ascertain the legal propriety or otherwise of the government’s action in re-arresting and keeping the applicant in an known place since last year, despite the fact that he was granted bail by all the various courts trying him. Dasuki had gone before the court to challenge his “unlawful arrest and detention” since November 3, 2015, without trial.
Aside praying for an order compelling the Federal Government to release him on bail, Dasuki is also urging the ECOWAS court to declare as unlawful, unconstitutional and breach of his fundamental right, his arrest and detention without a lawful court order.
The applicant also prayed the court to declare as unlawful and violation of his right to dignity of human person, privacy and family life, guaranteed and protected right under Section 34 and 37 of the Nigerian Constitution and Article 17 of the International Covenant on Civil and Political Right and Article 12 of the Universal of Human Right, the action of the Federal Government of Nigeria, for keeping him in a dehumanizing condition after he has been granted bail by courts of competent jurisdiction and after he had fulfilled bail conditions for his release.
He also wants the ECOWAS Court to declare that the invasion of his privacy, home, and correspondence at No 13, John Kadiya Street, Asokoro Abuja and Sultan Abubakar Road Sokoto and Sabon Birni Road Sokoto between July 16 and 17, 2015 and forceful and unlawful seizures of his properties without any lawful order or warrant of a court, constituted a gross violation of his fundamental rights under Section 44 of the Nigerian Constitution and other relevant laws
