ECOWAS Court Assumes Jurisdiction On Dasuki’s Case, Discards FG’s Application

 ECOWAS Court Assumes Jurisdiction On Dasuki’s Case, Discards FG’s Application

ex-nsa_sambo_dasuki_in_federal_high_court_abuja-1024x678Former National Security Adviser (NSA) Col Muhammed Sambo Dasuki (rtd), Tuesday, 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 without trial since December last year by the federal government.
Against the objection of government, the international court in Abuja ruled that it has jurisdiction to entertain the suit brought before it by Dasuki for the enforcement of his fundamental rights to liberty and to own property as enshrined in the provisions of the Nigerian 1999 constitution and African Charter on fundamental rights of persons.
In the ruling delivered by Justice Friday Chijoke Nwoke, the ECOWAS court dismissed out-rightly the objection of the government against Dusuki suit on the ground that the objection was misconceived, frivolous and lacked merit.
Justice Nwoke in the unanimous ruling of the 3-member panel of the court held that the claim of government that Dasuki’s case emanated from his trial on certain offences was inappropriate and being the basis for his objection to the applicants case in this matter cannot hold water since the reliefs sought by Dasuki have nothing to do with the ongoing trial at the domestic courts of Nigeria.
The Justices in their opinion held that the claim of government that Dasuki ought to have filed contempt charge against the Nigerian government for disobeying court orders that admitted him to bail but flouted by the defendant cannot be sustained because the case of applicant is not ambiguous, in that it has no root from any criminal trial in any court.
Justice Nwoke said that at any rate, the case of Nigerian government cannot stand in the face of the law because there is no evidence that Dasuki has filed similar pending matter in any international court and that even if he has similar matter in any Nigerian court up to supreme court, such domestic court cannot have the status of international court as envisaged in the treaty in which Nigeria is a 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.

LTV

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