ECOWAS COURT ORDERS DASUKI’S RELEASE, FINES FG N15M

Abuja – The Economic Community of West African States’ (ECOWAS) court sitting in Abuja on Tuesday ordered the release of former National Security Adviser (NSA), Colonel Sambo Dasuki (rtd), from detention where he has been incarcerated since December 2015 by the Federal Government. Ruling on the application filed by the former NSA, presiding judge, Justice Friday Chijioke Nwoke, held that Dasuki’s detention was unlawful and in violation of both national and international laws on the rights of persons and citizens to freedom of liberty.

The regional court consequently imposed a N15 million fine against Nigeria as compensatory damages to Dasuki for the deprivation of his freedom to liberty and of his properties. The court also dismissed the allegations of unlawful possession of firearms and economic crimes used by the Federal Government to justify continued detention of the former NSA, adding that the Nigerian government missed the point since the applicant approached the court seeking enforcement of his fundamental rights which was in breach by the federal authorities.

Justice Nwoke observed that even if the applicant had committed any crime, that due process of the law must be observed but which was not done in the instant case. He noted that the applicant was put on trial in three different Nigerian High Courts and was granted bails by those courts. The court said that the action of the Nigerian government in subjecting the ex-NSA into indefinite detention without trial is condemnable because the applicant has not committed any established crime.

The ECOWAS court came down heavily on the Federal Government on its claim that it detained Dasuki without trial because he (Dasuki) was planning to stage a coup and wage war against millions of Nigerians, adding that the defendant (Nigeria) was so confused and not consistent throughout its defence in the suit against it. Justice Chijioke held further that the Nigerian government made a mockery of the rule of law and took laws into its hands in arresting the applicant without warrant of arrest or warrant of detention when he had legally been granted bail by the appropriate courts.

The regional court insisted that detention order must be made in writing and must be delivered to the detainees, adding that in the instant case, none of such was obtained and delivered to Dasuki by the Federal Government before arresting and executing and forcefully took away properties of the applicant in his houses in Abuja and Sokoto.

The court also dismissed the claim of the Federal Government that Dasuki was arrested and detained in his own interest, adding that the claim was an assault to the Nigerian constitution and other international laws because there was no iota of evidence placed before the court that the applicant applied for security protection.

Besides, the ECOWAS court said that the claim of Nigerian government that Dasuki was detained in his own interest was against the claim made by the same government that the applicant was arrested and detained because he constituted a security threat to the Nigerian nation and having also committed some economic crimes.

The court dismissed the claim that Dasuki was detained in his own interest as unreasonable and that Nigeria being under a democratic government ought to act within the ambit of the law and be guided by the rule of law which every democratic nation is subject to.

“Having perused the case before us, we have come to the conclusion that the re-arrest and detention of the applicant after he had been granted bail by three courts since December last year make mockery of the rule of law. Executive arm should not interfere with the judiciary.

“Even if the applicant has committed crimes of whatever nature, the principle of innocence must be respected and the fact that he has been charged to court does not disentitled him to freedom of liberty… Court must rise to their responsibilities and prevent executive lawlessness. “It is the applicant today; it could be anybody tomorrow. There is no legal basis for the re-arrest of the applicant other than to circumvent the bails granted by courts.

“We have no difficulty in coming to the conclusion that the purported search warrant claimed to have been obtained by the Nigerian government was an afterthought aimed at perverting the course of justice because the so-called search warrant was not certified and to worsen the case, the defendant claimed that it could not serve the same search warrant on the applicant.

“For the avoidance of doubt, anybody who commits crime must be put on trial before an appropriate court but in doing so, the state must respect local and international laws in the prosecution of such persons.” The court, therefore, declared that the arrest, detention and the continued detention of Dasuki since December 2015 without warrant of arrest was unlawful, arbitrary and done in contravention of both local and international laws especially Article 5 and 6 of the African Charter on People’s and Persons’ Rights to freedom of Liberty.

The court also ordered that the invasion of Dasuki’s house in Abuja and Sokoto and forceful removal of his personal properties violated all the relevant laws, especially the constitution of Nigeria under Section 37 and 44 and ordered that the properties seized must be immediately returned to him.

Dasuki had in March this year through his counsel, Robert Emukpoeruo, approached the ECOWAS court to declare as unlawful and unconstitutional and breached of his fundamental right his arrest since last year without a lawful court order.

Dasuki, who was rearrested by the operatives of the Department of State Security Service (DSS) shortly after perfecting the third bail conditions granted him by Nigerian courts, asked the ECOWAS court to enforce his fundamental right as enshrined in the African Charter on the People and Human Right. Dasuki had, amongst others, prayed the court to declare action of government in keeping him in a dehumanising condition after the bails 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. 

Dasuki had asked for the sum of N500 million as compensation. Reacting to the judgment, Wale Balogun, who stood for Dasuki in court expressed optimism that the Federal Government being a major stakeholder and signatories to the protocol of the ECOWAS court and being a democratic government will obey and implement the orders issued by the court.