FG urges ECOWAS court to dismiss Dasuki’s case

The federal government on Tuesday urged the Economic Community of West African States (ECOWAS) Court of Justice to dismiss the case of Sambo Dasuki, former national security adviser (NSA), who is seeking the enforcement of his freedom from his three-month-long detention.

Dasuki, who was rearrested by operatives of the Department of State Services (DSS) in December 2015 after perfecting the bail conditions stipulated by Nigerian courts, asked the ECOWAS court back in January to enforce his fundamental rights as enshrined in the African Charter on people and human rights.

According to PRNigeria, in the legal action instituted by his counsel Robert Emukpoeruo, the former NSA asked the ECOWAS court to declare as unlawful, unconstitutional and breach of his fundamental rights, his rearrest without a lawful court order.

The applicant also prayed the court to declare the action of government in keeping him in a dehumanising condition after bail as unlawful and violation of his right to dignity of human person, privacy and family life, which are guaranteed and protected 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 Declaration of Human Rights.

He also asked the ECOWAS court to declare the invasion of his privacy, home, and correspondence at his Abuja and Sokoto residences between July 16 and 17, 2015, during Ramadan, and forcible and unlawful seizures of his property without any lawful order or warrant of a court, as constituting a gross violation of his fundamental right under Section 44 of the Nigerian Constitution and other relevant laws.

He therefore prayed for an order for his release and that of his property.

Besides seeking  his release to face charges against him in court, Dasuki also demanded compensatory damages of N500 million against the government for its “egregious violations of his right as guaranteed under the law”.

However, at the hearing of suit on Tuesday,  the federal government, through its counsel, T A Gazali, objected to Dasuki’s case, arguing that the ECOWAS court had no jurisdiction to enforce the bail conditions because it could not sit as an appellate court to the Nigerian court. He therefore urged the court not to entertain the case.

But counsel to Dasuki, Wale Balogun, urged the court to dismiss the objection of the federal government and assume jurisdiction on the breach of fundamental rights suit as instituted by his client.

Balogun told a panel of three justices of the ECOWAS court led by Justice Friday Chijioke Nwoke that what Dasuki was asking for was the enforcement of his fundamental right to freedom, having being arrested and detained for more than three months without trial or any lawful court order.

Justice Nwoke, who had earlier granted accelerated hearing in the matter, adjourned it to April 11, 2016 for ruling on the jurisdiction of the court.