Dasuki's detention: ECOWAS court adjourns judgement indefinitely
(Nigeria) The Economic Community of West African States, ECOWAS,Community Court of Justice has adjourned sine die (indefinitely) judgment in the case of former National Security Adviser, NSA, Col. Sambo Dasuki (retd) against the Federal Government in which he challenged his unlawful detention by government since December 2015 in the custody of the Department of the State Security, DSS.
The court, presided over by Justice Friday Nwoke had on May
16 reserved judgment till Wednesday, after taking final argument from Dasuki’s
lawyer Mr. Robert Emukperuo and government lawyer Mr. Tijani Gazali.
However, journalists, lawyers and other observers who
stormed the regional court in Abuja, Wednesday, were taken aback when they were
told that the much awaited verdict of the court was not ready and that the new
date for the judgment would be communicated to lawyers when ready.
At the court entrance, journalists, lawyers and observers
were turned back by about 12 security men who told them that the court
management had mandated them to tell everybody that judgment was not ready,
prompting the people to leave one after the other when the reality dawned on
them that the court will not sit after all.
Dasuki had dragged the Federal Government before the ECOWAS
Court praying the regional court to intervene in his detention without trial
since December last year.
The ex-NSA asked the
court to void the detention, the seizure of his properties and to bar
government from further detaining him without a lawful court order.
In the court action instituted by his counsel Mr. Robert
Emukpoeruo, Dasuki asked the court to award in his favour a sum of N500 million
as compensatory damages for his alleged unlawful invasion of his house,
detention, seizure of properties and infringement on his rights.
He claimed that government had put him on trial in three
different high courts on corruption charges where he was granted bail and that
after his bail, he was re-arrested on December 29, 2015 and has since been held
incommunicado without lawful court order.
Dasuki told the ECOWAS Community Court of Justice that the
federal government has no legal or moral justification for his continued
incarceration since December last year.
The ex-NSA who argued through his counsel, while making his
final address predicated his stance on Sections 293-296 of the Administration
of Criminal Justice Act ACJA 2015 which outlines the procedure for keeping a
suspect in detention for not more than two weeks.
"To accentuate the illegality of the arrest and detention
of the applicant, the ACJA 2015, S.293 to 296 thereof, set out the procedure
for the detention of any person pending trial or investigation. And in summary,
that procedure requires judicial intervention by a magistrate for it to be
carried out and the maximum detention time-frame is two weeks", he
submitted.
Emukperuo had earlier filed an application to amend the
originating application by including additional reliefs, a request the court
granted, ordering the defendant to respond, if any, within 15 days to the
issues raised in the amendment.
He prayed the court to order the release of his client and
as well order the government to pay N500 million as compensation to Dasuki.
He recalled how several courts had granted Dasuki bail and
how President Muhammadu Buhari had stated in a media chat that the ex-NSA
cannot just be released.
He said his client's arrest and detention by the defendant
is without any legal justification because it was not backed with any court
order.
"The critical issue that needs to be resolved is
whether there is any legal justification for the detention of the applicant by
the defendant", he said, adding that the only justification in the amended
statement of defence adduced by the defendant for detaining the applicant is
the recourse to national security.
"They have not adduced before this court any judicial
procedure that they have relied on in incarcerating the applicant.
"They have equally not relayed to the court any
domestic legislation whatsoever to justify the detention of the applicant. My
lord I submit that this is a classic case of arbitrary and illegal
arrest", he added.
The counsel further
submitted that the government has defied all known legal instruments or
legislation by not following its own laws.
He said apart from its complete disdain for the laws of the
land, government has also not followed judicial orders given by courts of
competent jurisdiction.
Emukperuo said on the
issue of being in possession of arms, Dasuki was granted bail on
self-recognition and the Ministry of Justice did not oppose the application for
bail, wondering why they had to still keep him in detention having not opposed
the bail application if they knew he was a security risk.
"It is a spurious defence conceived in bad faith, and I
urge the court to dismiss it", he pleaded.
But the Federal Government through its counsel, Mr. Tijani
Gazali, had argued a preliminary objection against Dasuki on the ground that he
ought to have filed a contempt charge against the government for alleged
disobedience to court order on the bail granted him but the ECOWAS Court ruled
that the case of the plaintiff was on his fundamental rights and has nothing to
do with the domestic court.
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