FORMER
National Security Adviser, NSA, Colonel Mohammed Sambo Dasuki (rtd), has
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 arguing that his detention is a breach of his fundamental
human rights.
Dasuki who
was rearrested by the operatives of the Department of the State Security
Service, DSS, shortly after perfecting the third bail granted him by the
Nigerian Court, however on another charges different from the earlier ones.
In the suit
filed by his counsel Mr. Robert Emukpoeruo, the former NSA prayed the Ecowas court
to declare 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, the
action of the Federal Government of Nigeria for keeping him in a dehumanizing
condition after granting him bail and after had fulfilled bail conditions as
specified by courts of competent jurisdiction for his release.
He therefore
prayed for an order of ECOWAS Court compelling the Federal Government or its
agents to release him immediately as well as an order mandating government to
release all his unlawfully seized properties during the invasion of his houses.
Dasuki also
prayed for an order of injunction restraining the Federal Government and its agents
from further harassing, infringing or interfering with his fundamental human rights
as guaranteed under the 1999 Constitution of the Federal Republic of Nigeria.
Apart from
seeking for his release to face adequately charges in court, Dasuki also
demanded a compensatory damages of N500 million against the government as
sundry damages he has suffered.
However, at
the hearing yesterday, the Federal Government through its counsel Mr. T. A.
Gazalli objected to Dasuki’s case on the ground that he has already been
charged to Nigerian courts for various alleged offences and urged the court to discountenance
his prayers.
Furthermore,
the counsel argued that the ECOWAS Court has no jurisdiction to enforce the
bail conditions granted Dasuki stating that pursuant to the sovereignty of Nigeria,
ECOWAS court cannot sit as an appellate court to the Nigerian courts.
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