The former National Security Adviser (NSA), Col.
Muhammed Sambo Dasuki (rtd), on Monday at the
Economic Community for West African States (ECOWAS)
Court won the first leg of his case challenging his
alleged unlawful arrest and detention without trial since
December last year by the federal government.
The court in Abuja ruled 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 properties 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 outright the objection of
the government against Dusuki’s suit on the ground
that the objection was misplaced, misconceived,
frivolous and lacked 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 basis for its
objection to the applicants case in this matter could not
hold water since the reliefs sought by Dasuki have
nothing to do with the ongoing trial at the domestic
courts of Nigeria.
The justices said that in their own opinion, 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 government was not sustainable because his the
case of applicant was not ambiguous, in that it was not
based on any criminal trial in any court.
Justice Nwoke said that at any rate, the case of Nigerian
government could not stand in the face of the law
because there was no evidence that Dasuki had filed
similar pending matter in any international court and
that even if he had similar matter in any Nigerian court
up to Supreme Court, such domestic courts could not
have the status of international court as envisaged in
the treaty in which Nigeria was a signatory.
He ruled: “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 trial for any alleged offence
before any Nigerian court”.
This Day
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