The 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 judgement 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.
Culled from PR Nigeria
News Editor