The embattled former National Security Adviser (NSA), Colonel Mohammed Sambo Dasuki has dragged the Federal Government to Economic Community of West African States (ECOWAS) court of justice over his continued detention without trial since December 2015.
It will be recalled that Dasuki was rearrested by the operatives of the Department of State Security Service (DSS) shortly after perfecting the third bail conditions granted him by the courts.
The Sokoto Caliphate Prince is asking the ECOWAS Court to enforce his fundamental right as enshrined in the African Charter on the People and Human Right.
In the legal action, instituted by his counsel Mr. Robert Emukpoeruo, the former NSA asking the ECOWAS Court to declare as unlawful and unconstitutional and a breach of his fundamental right his arrest since last year without a lawful court order.
The applicant also prayed the court to declare action of government in keeping him in a dehumanising condition after the bails 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.
He also asked the ECOWAS Court to declare that the invasion of his privacy, correspondence and homes at Abuja and Sokoto between July 16 and 17, 2015 during Ramadan fasting and forceful as well as unlawful seizures of his properties without any lawful order or warrant of a court is a gross violation of his fundamental right under Section 44 of the Nigerian Constitution and other relevant laws.
He therefore prayed the court to make an order for his release as well as the release of his properties seized during the invasion of his houses.
Dasuki is also demanding a compensatory damages of N500 million against the government for its egregious violations of his right as guaranteed under the law.
However, at the commencement of the hearing, the Federal Government through its counsel Mr. T. A Gazalli objected to the case, arguing that the ECOWAS Court has no jurisdiction to enforce the bail conditions granted by Nigerian courts.
The Federal Government lawyer argued that the ECOWAS court cannot sit as an appellate court to the Nigerian Court.
He therefore urged the Court not to entertain the case.
But counsel to Dasuki, Mr. Wale Balogun urged the Court to dismiss the objection of the Federal Government and assume jurisdiction on the breach of fundamental right as instituted by Dasuki.
Balogun told the Panel of three justices of ECOWAS Court, led by Justice Friday Chijioke Nwoke that what Dasuki was asking for is the enforcement of his fundamental right to freedom, having being arrested and detained for more than 3 months without trial or any lawful court order.
The Presiding Judge, Justice Nwoke who had earlier granted expeditious and accelerated hearing in the matter adjourned the case till April 11, 2016 for ruling on the jurisdiction of the court.
