Fidelity bank banner Bayelsa State banner
ECOWAS Court indefinitely adjourns judgement on Dasuki’s alleged unlawful detention

By News Express on 29/06/2016

Share on facebook Yahoo mail icon Gmail icon Share on Google+

Views: 1,198


The Economic Community of West African States (ECOWAS) Community Court of Justice has adjourned sine die (indefinitely) judgment in the case of former National Security Adviser (NSA), Col. Sambo Dasuki (rtd), against the Federal Government in which he challenged his unlawful detention by government since December 2015 in the custody of the Department of the State Security Service (DSS).

The court, presided over by Justice Friday Nwoke had on May 16 reserved judgment till today after taking final argument from Dasuki’s lawyer, Mr. Robert Emukperuo, and government lawyer, Mr. Tijani Gazali.

However, journalists, lawyers and other observers who stormed the regional court in Abuja today were taken aback when they were told that the much awaited verdict of the court was not ready and that the new date for the judgment would be communicated to lawyers when ready.

At the court entrance, journalists, lawyers and observers were turned back by about twelve security men who told them that the court management had mandated them to tell everybody that judgment was not ready, prompting the people to leave one after the other when the reality dawned on them that the court will not sit after all.

Dasuki had dragged the Federal Government before the ECOWAS Court praying the regional court to intervene in his detention without trial since December last year.

The ex-NSA asked the court to void the detention, the seizure of his properties and to bar government from further detaining him without a lawful court order.

In the court action instituted by his counsel Mr. Robert Emukpoeruo, Dasuki asked the court to award in his favor a sum of N500 million as compensatory damages for his alleged unlawful invasion of his house, detention, seizure of properties and infringement on his rights.

He claimed that government had put him on trial in three different high courts on corruption charges where he was granted bail and that after his bail, he was re-arrested on December 29, 2015 and has since been held incommunicado without lawful court order.

Dasuki told the ECOWAS Community Court of Justice that the federal government has no legal or moral justification for his continued incarceration since December last year.

The ex-NSA who argued through his counsel, while making his final address predicated his stance on Sections 293-296 of the Administration of Criminal Justice Act ACJA 2015 which outlines the procedure for keeping a suspect in detention for not more than two weeks.

“To accentuate the illegality of the arrest and detention of the applicant, the ACJA 2015, S.293 to 296 thereof, set out the procedure for the detention of any person pending trial or investigation. And in summary, that procedure requires judicial intervention by a magistrate for it to be carried out and the maximum detention time-frame is two weeks", he submitted.

Emukperuo had earlier filed an application to amend the originating application by including additional reliefs, a request the court granted, ordering the defendant to respond, if any, within 15 days to the issues raised in the amendment.

He prayed the court to order the release of his client and as well order the government to pay N500 million as compensation to Dasuki.

He recalled how several courts had granted Dasuki bail and how President Muhammadu Buhari had stated in a media chat that the ex-NSA cannot just be released.

He said his client's arrest and detention by the defendant is without any legal justification because it was not backed with any court order.

“The critical issue that needs to be resolved is whether there is any legal justification for the detention of the applicant by the defendant,” he said, adding that the only justification in the amended statement of defence adduced by the defendant for detaining the applicant is the recourse to national security.

“They have not adduced before this court any judicial procedure that they have relied on in incarcerating the applicant.

“They have equally not relayed to the court any domestic legislation whatsoever to justify the detention of the applicant.

“My lord I submit that this is a classic case of arbitrary and illegal arrest,” he added.

The counsel further submitted that the government has defied all known legal instruments or legislation by not following its own laws.

He said apart from its complete disdain for the laws of the land, government has also not followed judicial orders given by courts of competent jurisdiction.

Emukperuo said on the issue of being in possession of arms, Dasuki was granted bail on self-recognition and the Ministry of Justice did not oppose the application for bail, wondering why they had to still keep him in detention having not opposed the bail application if they knew he was a security risk.

“It is a spurious defence conceived in bad faith, and I urge the court to dismiss it,” he pleaded.

But the Federal Government through its counsel, Mr. Tijani Gazali, had argued a preliminary objection against Dasuki on the ground that he ought to have filed a contempt charge against the government for alleged disobedience to court order on the bail granted him but the ECOWAS Court ruled that the case of the plaintiff was on his fundamental rights and has nothing to do with the domestic court. (PRNigeria)

•Photo shows Sambo Dasuki.

Source News Express

Posted 29/06/2016 8:57:26 PM

 

Share on facebook Yahoo mail icon Gmail icon Share on Google+


 

CLASSIFIED ADS

 

You may also like...
Lagos lovers found naked, dead in car after...

NNPC spends $5.8bn on fuel imports in just...

Anambra’s students protest government refusal to pay bursary...

Pope worried over flood of African migrants surging...

IGP lands in Benue, unfolds strategies to arrest...

110 confirmed dead in Cuba plane crash; black...

Elton John kicks off final world tour

Rights group drags Ogun Commissioner, Permanent Secretary, Ministry...

Tension rises ahead of December 7 Ghana polls...

The Chief Segun Olusola that I knew, By...

Fire guts Imo Deputy Governor’s house

Aisha Buhari donates relief materials to Borno IDPs...

 

Latest News Osun Election: Controversy as INEC official says his boss ordered him to destroy authentic poll result Double Tragedy: Ras Kimono’s wife dies three weeks after his burial Kogi LG workers now to receive 54 pct of salary Water projects: Minister pleads with court for more time to render account PDP screens 30 governorship aspirants in North East Anti-Corruption War: Strike weakens CCB, CCT Gunshot at Osun INEC office Flood overruns more Delta riverine communities, victims sleep in canoes PDP is party to beat in 2018, says Makarfi Aisha Buhari to address UN meeting on Tuberculosis Osun: INEC has shown its readiness for 2019 — Group Plateau SSG, commissioner resign to contest 2019 elections

 

Most Read NUDE PHOTO OF OMOTOLA JALADE-EKEINDE surfaces online (396,513 views) Nigerian female sex addict opens up, says ‘I like it with both men and women’ (376,758 views) Shameless Genevieve Nnaji exposes breasts in public (308,521 views) Finally named: The full list of friends of Nigerian female sex addict who prowled Facebook (250,610 views) OLUMBA OLUMBA OBU (the one who called himself God) IS DEAD (232,327 views) Igbo scholar disgraces Femi Fani-Kayode •Demolishes claims on Igbo/Yoruba history with facts and figures (221,636 views) Breaking News: POPULAR REVEREND CONVERTS TO ISLAM in Kaduna (Nigeria) (200,080 views) OBJ’s son reported dead in Lagos plane crash •Names of more victims emerge (181,665 views) My wasted years in Olumba Olumba Obu’s Evil Brotherhood (165,730 views) THE FINAL DISGRACE: Igbo scholar unleashes more facts about Igbo/Yoruba history, finishes off Femi Fani-Kayode with second article (163,388 views) Lagos plane crash: Journalist releases victims’ names (158,165 views) Gunmen kill ASP, 2 other police officers in vain bid to kidnap Rivers PDP chieftain (146,911 views)

 

Categories Advertorials (3) African Press Organisation (81) Art & Literature (63) Business & Economy (3,623) Business Verdict (52) Columnists (933) Complaints & Requests (94) Enterprise & Opportunities (207) Entertainment (547) Features (652) Global Business Monitor (301) International (2,427) Interview (165) Live Commentary (28) Love Matters (144) News (39,082) Opinion (1,110) Pidgin (11) Politics (6,711) Religion (872) Sports (1,701) Stock Watch (34) AMA & Al Jazeera Global Update

 

CBN banner

Firstmobile banner

 

 

NEWS EXPRESS TV

I am Imo State's New Governor -- Okorocha's son-in-law Uche Nwosu...

 

APO Group Partner

 

 

CLASSIFIED ADS

GOCOP Accredited Member

GOCOP Accredited member

 

 

Africa Media Agency and Al Jazeera

Advertisement