Ex-NSA, Sambo Dasuki, floors Nigerian govt at ECOWAS court

A former National Security Adviser, Sambo Dasuki, on Monday triumphed at the Economic Community for West African States (ECOWAS) court in the first leg of his court action challenging his alleged unlawful arrest and detention since December last year by the Nigerian government.

Against the objection of government, the court ruled in Abuja that it has jurisdiction to entertain the suit brought before it by Mr. Dasuki for the enforcement of his fundamental rights to liberty and to own property as enshrined in the Nigerian 1999 constitution and African Charter on fundamental rights of persons, news agency, PRNigeria, is reporting.

In the ruling delivered by Justice Friday Chijoke Nwoke, the ECOWAS court dismissed the objection of government against Mr. Dasuki’s suit on the ground that the objection was misconceived, frivolous and lacked merit.

Justice Nwoke who delivered the unanimous ruling by the three-member panel of the court, held that the claim of government that Mr. Dasuki’s case emanated from his trial on certain offences was inappropriate since the relieves sought by Mr. Dasuki had nothing to do with his ongoing trial at the domestic courts of Nigeria.

The justices held that the claim of government that Mr. Dasuki ought to have filed contempt charge against the Nigerian government for disobeying court orders cannot be sustained because the case of the applicant is not ambiguous, in that it has no root from any criminal trial in any court.

Justice Nwoke said at any rate, the claim by the Nigerian government could not stand in the face of the law because there was no evidence that Mr. Dasuki had filed similar matter in any international court.

The judge said even if he had similar matter in any Nigerian court (up to Supreme Court), such a domestic court would not be allowed the status of an international court as envisaged in the treaty in which Nigeria is signatory.

“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.