The Economic
Community of West Africa State (ECOWAS) Court has ordered immediate
release of former National Security Adviser, Colonel Muhammadu Sambo
Dasuki from detention where he has been kept without trial since
December 2015.
The regional court held that the
detention of Dasuki violated both national and international laws on the
right of persons and citizens to freedom of liberty.
In a judgement by the court and
delivered by Justice Friday Chijioike Nwoke, the ECOWAS Court imposed a
fine of N15,000,000 against Nigeria as compensatory damages to the
former National Security Adviser for the deprivation of his freedom to
liberty and the deprivation of his properties.
In a judgment that lasted over one hour,
the regional court dismissed the allegations of unlawful possession of
firearms and economic crimes allegedly committed by Dasuki adding that
the Nigeria government missed the track because the applicant applied
before the court for the enforcement of his breached and contravention
of fundamental right.
Justice Nwoke said that even if the
applicant had committed a crime the law still has it that due process of
the law must be observed in his trial adding that it is an established
fact that the applicant was put on trial in three different Nigeria High
Courts and was granted bails by the courts.
The court said that the action of the
Nigerian government in subjecting the Ex-NSA into the detention without
trial is condemnable because criminality has not been established
against him.
Justice Chijioke further said that the
Nigerian government took laws into its hands and made mockery of the
rule of law by arresting the applicant without warrant of arrest or
warrant of detention when he had legally being granted bail by the
appropriate courts.
According to the court detention order
must be made in writing and must be delivered to the detainees adding
that in the instance 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 house 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 applicant applied for security
protection.
Beside, the ECOWAS Court said that the
claim of Nigerian Government that Dasuki was detained on 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 held that the claim that
Dasuki was detained in his own interest was unreasonable and that
Nigeria being under a democratic government where the rule of law is
expected to be protected ought to act within the ambit of the law since
every nation is subject to the rule of law.
The Judge said: “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 last year make mockery of the rule of law. Executive arm should not interfere with the judiciary”
The Judge said: “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 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 cost 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
commit crimes 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.
The court therefore ordered immediate
release of Dasuki and payment of N15,000,000.00 as compensation to him
for his unlawful arrest and detention.
Dasuki had in March 2015 dragged the
Federal Government before the Economic Community of West African States
(ECOWAS) Court of Justice over his continued detention without trial
since December 2015.
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 three Nigerian
Courts asked the ECOWAS Court to enforce his fundamental right as
enshrined in the African Charter on the People and Human Right.
In the legal action, the former NSA had
asked 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.
The applicant had also 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.
He had also asked the ECOWAS Court to
declare the invasion of his privacy, home, and correspondence at his
Abuja and Sokoto homes between July 16 and 17, 2015 during Ramadan
Fasting and forceful and unlawful seizures of his properties without any
lawful order or warrant of a court, constituted a gross violation of
his fundamental right under Section 44 of the Nigerian Constitution and
other relevant laws.
He had therefore prayed for an order for his release and that of his properties during the invasion of his houses.
Apart from seeking for his release to
face adequately charges against in courts, Dasuki also demanded a
compensatory damage of N500 million against the government for its
egregious violations of his right as guaranteed under the law.
Reacting to the Mr. 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 will obey and implement the orders issued by the court.
Report by PR Nigeria
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