EFCC, Military finally release Dasuki's aide

Colonel Nicholas Ashinze with mother, brothers and his children after he arrived home.

(Nigeria) The Federal Government has released Colonel Nicholas Ashinze, the former Military Assistant to former National Security Adviser, NSA, Col Sambo Dasuki (retd) at 2p.m., on Wednesday.

Colonel Ashinge who had been under the custody of the Economic and Financial Crimes Commission, EFCC and the Military Authority  has already reunited with his family.

A judge of an Abuja High Court, sitting in Jabi Justice Yusuf Haliru had on March 14, 2016 ordered EFCC, and the Nigerian Army  to release the serving Colonel Ashinze who served as Military Assistant to former NSAs, Sambo Dasuki and Patrick Azazi.

Colonel Ashinze who was detained before resuming his new posting as Defence Attaché in Germany, has been in detention since December 23, 2015.‎

In his judgment, Justice Yusuf Haliru, had ordered the anti-graft agency and the army to immediately release the applicant on self-recognition, saying his detention for over three months without trial, was “‎illegal, wrongful, unlawful and constituted a blatant violation of the fundamental rights of the applicant.”

The court also ordered immediate release of documents and items the anti-graft agency seized from the house of the applicant.

‎Justice Haliru who cautioned the EFCC and the Army which he said acted as if Nigeria was still under military ‎dictatorship said: “The EFCC is a creation of the ‎law. The court will not allow it to act as if it is above the law. It is remarkable to note that the motto of the EFCC is that nobody is above the law, yet they are acting as if they are above the law.

“The EFCC Act is not superior to the constitution of the Federal Republic of Nigeria. The respondents in this matter have not behaved as if we are in a civilised society. They have behaved as if we are in a military dictatorship ‎where they arrest and release persons at will.”

The judge said the constitution stipulated that any person so detained should be charged to court within reasonable time not exceeding two months from the date of arrest.

Justice Haliru stressed that under section 36 of the 1999 constitution, as amended, an accused person is deemed innocent until his guilt is established. ‎ He therefore asked: “Why has the 1st respondent kept the applicant without bringing him to court? Why was the applicant, being a serving military officer who could be easily reached, not granted administrative bail? Or is it that the applicant has been found guilty and already serving his jail term?‎

“Nobody should be subjected to the whims and caprices of the EFCC. The essence of the rule of law and constitutional provisions is to ensure a just balance between the ruler and the ruled, between the powerful and the weak.