• Home
  • Anti-Corruption
  • Fact-Check
  • Economy
  • National
  • Security
  • Features
  • State
  • Event
  • E-Book
Search
  • Home
  • About
  • Adverts
  • Contact
Sign in
Welcome! Log into your account
Forgot your password? Get help
Password recovery
Recover your password
A password will be e-mailed to you.
PRNIGERIA PRNigeria News
PRNIGERIA PRNIGERIA
  • Home
  • Anti-Corruption
  • Fact-Check
  • Economy
  • National
  • Security
  • Features
  • State
  • Event
  • E-Book
Home Anti-Corruption ECOWAS Court Orders Immediate Release of Dasuki… Fines Nigeria N15mn over Dentention
  • Anti-Corruption
  • National

ECOWAS Court Orders Immediate Release of Dasuki… Fines Nigeria N15mn over Dentention

By
Prnigeria
-
October 4, 2016
Ex-NSA Sambo Dasuki
Ex-NSA Sambo Dasuki

ex-nsa_sambo_dasuki_in_federal_high_court_abujaThe 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”

“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.

Read Also:

  • Military Floods Kwara Forests with Troops, Equipment to Crush Kidnappers
  • Gov Radda Hails Troops’ Gallantry, Seeks for New Army Unit in Katsina
  • Tijani, Sanwo-Olu, Bella Disu, Others to Headline 10th Nigeria Digital PR Summit

“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.

By PRNigeria

PRNigeria encourages institutions to be transparent in their information management as it provides news items from authoritative sources for free use by the media
VISIT OUR OTHER WEBSITES
PRNigeria.com EconomicConfidential.com PRNigeria.com/Hausa/
EmergencyDigest.com PoliticsDigest.ng TechDigest.ng
HealthDigest.ng SpokesPersonsdigest.com TeensDigest.ng
ArewaAgenda.com Hausa.ArewaAgenda.com YAShuaib.com
  • TAGS
  • Colonel Muhammadu Sambo Dasuki
  • Department of State Security Service (DSS)
  • Economic Community of West Africa State (ECOWAS)
  • former National Security Adviser
  • Justice Friday Chijioike Nwoke
  • Mr. Wale Balogun
Previous article2016 Ranking: UNILORIN, 16 Others Foremost Nigerian Universities
Next articleDonors should support our Made-in-Nigeria focus – Udoma
Prnigeria
Prnigeria
https://prnigeria.com
PRNigeria is the pioneer Press Release Distribution agency in Nigeria. A member of image Merchant Promotions limited, PRNigeria encourages individuals and organisations to be more transparent in their information management. with dedicated Editorial staffs, the PRNigeria ensures that information provided on its platforms are timely, factual and authoritative Read more at: //prnigeria.com/about/
Facebook Twitter

RELATED ARTICLESMORE FROM AUTHOR

Ex-Gov Yahaya Bello’ s Fund Withdrawals Did Not Breach Banking Regulations, EFCC Witness Tells FCT Court

Atiku Abubakar

Atiku Criticises DSS, Demands Probe of Tinubu Cabinet Following Minister’s Resignation

Minister of Innovation, Science and Technology, Uche Nnaji

Finally, Tinubu’s Embattled Minister Resigns Amid Certificate Scandal

INEC boss Mahmood Yakubu

Tinubu Confers National Honour on Outgoing INEC Chairman Mahmood Yakubu

Former INEC Boss hands over Leadership to Miss May Agbamuche-Mbu

JUST IN: INEC Boss Prof. Yakubu Hands Over Leadership to Acting Chair

Christian Association of Nigeria CAN

CAN Refutes ‘Christian Genocide’ Claims, Says Violence in Nigeria Affects All Faiths

PIP Foundation graduates 250 Gombe Youths in Tech, Entrepreneurship

Pantami Foundation Graduates 250 Gombe Youths in Tech, Entrepreneurship

Tinubu Orders NAHCON to Reduce 2026 Hajj Fares

Hajj Exercise Around Ka'abah

Group Urges CBN to Scrap 2% Service Charge on Hajj Fare to Reduce Pilgrimage Cost

NDLEA Logo

NDLEA Dismantles Cocaine Cartels Behind UK Shipments, Arrests Suspects, Destroys 25,000kg Skunk Nationwide

ACF

ACF Warns of Alleged Plot to Cripple Dangote Refinery, Urges FG Intervention

GWA Award Winners 2025

PHOTOS: Nigeria Customs, IMPR Bag Back-to-Back Golden World Award at IPRA 70th Anniversary

LEAVE A REPLY Cancel reply

Log in to leave a comment

Recent Posts

  • Military Floods Kwara Forests with Troops, Equipment to Crush Kidnappers
  • Gov Radda Hails Troops’ Gallantry, Seeks for New Army Unit in Katsina
  • Tijani, Sanwo-Olu, Bella Disu, Others to Headline 10th Nigeria Digital PR Summit
  • Third Estate Warns Against Spreading Insecurity in Kwara, Calls for United Action and Prayer
  • Anambra Police Deploy 70 Fresh Constables to Boost Security
  • Home
  • About
  • Adverts
  • Contact
© 2020 PRNigeria. All Rights Reserved.
Latest News
Military Floods Kwara Forests with Troops, Equipment to Crush KidnappersGov Radda Hails Troops’ Gallantry, Seeks for New Army Unit in KatsinaTijani, Sanwo-Olu, Bella Disu, Others to Headline 10th Nigeria Digital PR SummitThird Estate Warns Against Spreading Insecurity in Kwara, Calls for United Action and PrayerAnambra Police Deploy 70 Fresh Constables to Boost SecurityICPC to Prosecute Self-Acclaimed Kano Journalist for Alleged ₦14 Million FraudEx-Gov Yahaya Bello' s Fund Withdrawals Did Not Breach Banking Regulations, EFCC Witness Tells FCT CourtAtiku Criticises DSS, Demands Probe of Tinubu Cabinet Following Minister's ResignationTinubu: Shuttle Diplomacy and the Power of Showing UpMAAUN Public Health Students Host Seminar to Combat Drug Abuse and Preventable DiseasesFutureMap Graduates Over 1,000 Students from STEAM Camp in JigawaFinally, Tinubu's Embattled Minister Resigns Amid Certificate ScandalTinubu Confers National Honour on Outgoing INEC Chairman Mahmood YakubuArmy Partners Media to Tackle Fake News, Boost National SecurityBadaru Hails NAF’s Vision, Commissions New Headquarters Annex in Abuja
X whatsapp