Dasuki claims first victory against FG at ECOWAS court

Dasuki claims first victory against FG at ECOWAS court

Retired Colonel Sambo Dasuki, the former
National Security Adviser secured a
favourable ruling on Monday, at the
Economic Community for West African
States (ECOWAS) Court – where he’s
challenging his arrest and detention
without trial since December 2015.

In spite of the federal government’s
objection, the ECOWAS court ruled that it
has jurisdiction to entertain the
fundamental rights suit – as enshrined in
the provisions of the Nigerian 1999
constitution and African Charter on
fundamental rights of persons.

Justice Friday Chijoke Nwoke, dismissed the
objection of the government against Dusuki
suit on the ground that the objection was
‘misconceived, frivolous and lack merit’.

Justice Nwoke held that the claim of
government that Dasuki’s case emanated
from his ongoing trial, was inappropriate
and cannot hold water since the relief
sought by Dasuki has nothing to do with his
trial at the domestic courts of Nigeria.

“In our opinion, what Dasuki brought
before us as a case is an issue for the
enforcement of his fundamental rights to
liberty and own property and against
unlawful arrest, unlawful detention and
unlawful seizure of properties without any
court order or warrant of arrest.”

“From the totality of the issues brought
before this court, it is clear and there is no
ambiguity that the applicant is seeking
enforcement of his right to freedom and
not on the issue of his trail for any alleged
offence before any Nigerian court.”

“Therefore, the objection of the
government and the request that the case
of the applicant in this matter be struck out
on the ground of emanating from any
criminal matter has no basis, the claims and
the request lack merit and hereby dismissed
and we declare that the application of
Dasuki is admissible to this court.”

The ECOWAS court further stated that it was
not out to decide the issue of whether the
applicant is guilty of the charges against
him in the Nigerian courts or not but simply
to rule whether his fundamental rights to
liberty had been abused – having been
granted bail and rearrested since last year
and kept in an unknown place.
Hearing in the matter has been fixed for
May 17 and 18.

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Posted by Adeapin. Francis adebayo., Published at Monday, April 11, 2016 and have 0 comments

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