Seeks N500m damages
FORMER
National Security Adviser (NSA), Colonel Sambo Dasuki (retd), 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, last year.
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 court, is asking the ECOWAS court to enforce his fundamental rights as enshrined in the African Charter on the people and human rights and the Nigerian Constitution.
Dasuki, in his suit, wants the ECOWAS court to declare his arrest and detention since last year without a court order as unlawful, unconstitutional and breach of his fundamental right.
The applicant also prayed the 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 Rights, the action of the Federal Government of Nigeria for keeping him in a dehumanising condition after he had been granted bail by courts of competent jurisdiction and after he had fulfilled bail conditions for his release.
He also asked the ECOWAS court to declare that the invasion of his privacy, home and correspondence at No 13, John Kadiya Street, Asokoro, Abuja, Sultan Abubakar Road, Sokoto and the Sabon Birni Road, Sokoto, between July 16 and 17, 2015; and forceful and unlawful seizures of his properties without any lawful order or warrant of a court, constituted a gross violation of his fundamental rights under Section 44 of the Nigerian Constitution and other relevant laws.
He, therefore, prayed for an order of ECOWAS court compelling the Federal Government or its agents to forthwith release him and also to order government to release to him all his unlawfully seized properties during the invasion of his houses.
Besides, Dasuki also prayed for an order of injunction restraining the Federal Government and its agents from further harassing, threatening, intimidating or infringing or interferring with his fundamental rights as guaranteed under relevant national and international laws on human rights protection.
Apart from seeking his release to face charges in court, Dasuki also demanded a compensatory damages of N500 million against the government violations of his rights as guaranteed under the law.
At the hearing on Tuesday, the Federal Government, through its counsel, Mr T. A. Gazalli, objected to Dasuki’s case on the ground that he had already been charged to Nigerian courts for various alleged offences.
The counsel argued that the ECOWAS court had no jurisdiction to enforce the bail conditions granted Dasuki, because it could not sit as an appellate court to the Nigerian courts and urged the court not to entertain the case.
Counsel for Dasuki, Mr Wale Balogun, however, urged the court to dismiss the objection of the Federal Government for being misconceived and misplaced to the request of Dasuki before the court.
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 rights to freedom, having being arrested and detained since December 2015, without trial or any lawful court order.
He claimed that there was no dispute in the fact that Dasuki was charged before three courts in Nigeria for various alleged offences and that he was granted bail by the three courts, but was disallowed from enjoying the bail.
The counsel informed the ECOWAS court that since December 2015, when the applicant was arrested till now, he had not been told of his offence or any charge preferred against him, insisting that his continued was a violent breach of his fundamental rights.
Balogun, therefore, urged the court to assume jurisdiction, being a case of breach of fundamental rights as instituted by Dasuki and to dismiss the objection of government for lacking merit.
Presiding judge, Justice Nwoke, who had earlier granted expeditious hearing in the matter, adjourned the case till April 11 for ruling on the jurisdiction of the court.
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 court, is asking the ECOWAS court to enforce his fundamental rights as enshrined in the African Charter on the people and human rights and the Nigerian Constitution.
Dasuki, in his suit, wants the ECOWAS court to declare his arrest and detention since last year without a court order as unlawful, unconstitutional and breach of his fundamental right.
The applicant also prayed the 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 Rights, the action of the Federal Government of Nigeria for keeping him in a dehumanising condition after he had been granted bail by courts of competent jurisdiction and after he had fulfilled bail conditions for his release.
He also asked the ECOWAS court to declare that the invasion of his privacy, home and correspondence at No 13, John Kadiya Street, Asokoro, Abuja, Sultan Abubakar Road, Sokoto and the Sabon Birni Road, Sokoto, between July 16 and 17, 2015; and forceful and unlawful seizures of his properties without any lawful order or warrant of a court, constituted a gross violation of his fundamental rights under Section 44 of the Nigerian Constitution and other relevant laws.
He, therefore, prayed for an order of ECOWAS court compelling the Federal Government or its agents to forthwith release him and also to order government to release to him all his unlawfully seized properties during the invasion of his houses.
Besides, Dasuki also prayed for an order of injunction restraining the Federal Government and its agents from further harassing, threatening, intimidating or infringing or interferring with his fundamental rights as guaranteed under relevant national and international laws on human rights protection.
Apart from seeking his release to face charges in court, Dasuki also demanded a compensatory damages of N500 million against the government violations of his rights as guaranteed under the law.
At the hearing on Tuesday, the Federal Government, through its counsel, Mr T. A. Gazalli, objected to Dasuki’s case on the ground that he had already been charged to Nigerian courts for various alleged offences.
The counsel argued that the ECOWAS court had no jurisdiction to enforce the bail conditions granted Dasuki, because it could not sit as an appellate court to the Nigerian courts and urged the court not to entertain the case.
Counsel for Dasuki, Mr Wale Balogun, however, urged the court to dismiss the objection of the Federal Government for being misconceived and misplaced to the request of Dasuki before the court.
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 rights to freedom, having being arrested and detained since December 2015, without trial or any lawful court order.
He claimed that there was no dispute in the fact that Dasuki was charged before three courts in Nigeria for various alleged offences and that he was granted bail by the three courts, but was disallowed from enjoying the bail.
The counsel informed the ECOWAS court that since December 2015, when the applicant was arrested till now, he had not been told of his offence or any charge preferred against him, insisting that his continued was a violent breach of his fundamental rights.
Balogun, therefore, urged the court to assume jurisdiction, being a case of breach of fundamental rights as instituted by Dasuki and to dismiss the objection of government for lacking merit.
Presiding judge, Justice Nwoke, who had earlier granted expeditious hearing in the matter, adjourned the case till April 11 for ruling on the jurisdiction of the court.
No comments:
Post a Comment