129 
The
Court of Justice of the Economic Community of West African States
(ECOWAS) has fixed 4th October 2016 to deliver judgment in the suit
filed by Retired Colonel Mohammed Sambo Dasuki, National Security
Adviser to a former Nigerian President, against the Federal Republic of
Nigeria over the alleged violation of his human rights.
Court of Justice of the Economic Community of West African States
(ECOWAS) has fixed 4th October 2016 to deliver judgment in the suit
filed by Retired Colonel Mohammed Sambo Dasuki, National Security
Adviser to a former Nigerian President, against the Federal Republic of
Nigeria over the alleged violation of his human rights.
Honorable
Justice Friday Chijioke Nwoke, who is presiding over the case, said the
judgment, which could not take place on the initial scheduled date due
to the retreat of the Judges and other statutory meetings of the Court,
will now take place after the Court’s vacation.
Justice Friday Chijioke Nwoke, who is presiding over the case, said the
judgment, which could not take place on the initial scheduled date due
to the retreat of the Judges and other statutory meetings of the Court,
will now take place after the Court’s vacation.
In
suit no. ECW/CCJ/APP/01/16, Colonel Dasuki, alleged the violation of
his human rights by the government over his detention since December
2015 despite three orders by Nigerian Courts granting him bail and the
seizure of his properties.
suit no. ECW/CCJ/APP/01/16, Colonel Dasuki, alleged the violation of
his human rights by the government over his detention since December
2015 despite three orders by Nigerian Courts granting him bail and the
seizure of his properties.
Proceedings
in the case ended with the conclusion of oral evidence by two officers
of the Department of State Security who appeared as witnesses for the
Federal Republic of Nigeria.
in the case ended with the conclusion of oral evidence by two officers
of the Department of State Security who appeared as witnesses for the
Federal Republic of Nigeria.
Led
in evidence by Mr. T. A. Agbe, Counsel to the government Mr. Williams
Obiora and Mr.Alu Agbi told the Court that the continued detention of
Col. Dasuki was for his own protection following intelligence report
available to the service and also because he constitutes a threat to
national security.
in evidence by Mr. T. A. Agbe, Counsel to the government Mr. Williams
Obiora and Mr.Alu Agbi told the Court that the continued detention of
Col. Dasuki was for his own protection following intelligence report
available to the service and also because he constitutes a threat to
national security.
They
said that section 3 of the FirearmsAct, CAP F28 LFN 2004 of the Federal
Republic of Nigeria prescribes the arms that cannot be licensed to
individuals and that the arms found in Dasuki`s house during an
authorized search fell within the category of such arms.
said that section 3 of the FirearmsAct, CAP F28 LFN 2004 of the Federal
Republic of Nigeria prescribes the arms that cannot be licensed to
individuals and that the arms found in Dasuki`s house during an
authorized search fell within the category of such arms.
Since
the possession of such arms is illegal, they said there was a
presumption that they were meant for illegal use while the government
suspects that there were more of such arms elsewhere.
the possession of such arms is illegal, they said there was a
presumption that they were meant for illegal use while the government
suspects that there were more of such arms elsewhere.
The
officers also told the Court that national security supersedes
individual security and that the law permits the DSS to restrict the
movement of any citizen when his life is in danger.
officers also told the Court that national security supersedes
individual security and that the law permits the DSS to restrict the
movement of any citizen when his life is in danger.
Counsel
to the government also argued that the seizure of Col. Dasuki’s
property was allowed under the law that established the country’s
Economic and Financial Crimes Commission (EFCC), a government agency
that investigates financial crimes, particularly proceeds of crime.
to the government also argued that the seizure of Col. Dasuki’s
property was allowed under the law that established the country’s
Economic and Financial Crimes Commission (EFCC), a government agency
that investigates financial crimes, particularly proceeds of crime.
He
also dismissed the argument of the plaintiff that he was granted bail
by Nigerian courts of competent jurisdiction as there is no evidence to
show that he has fulfilled the bail conditions for his release and urged
the Court to discountenance all the reliefs sought by the applicant and
dismiss the case in its entirety.
also dismissed the argument of the plaintiff that he was granted bail
by Nigerian courts of competent jurisdiction as there is no evidence to
show that he has fulfilled the bail conditions for his release and urged
the Court to discountenance all the reliefs sought by the applicant and
dismiss the case in its entirety.
However,
Counsel to the former NSA, Mr. Robert Emukperuo, urged the Court to
disregard the defendant’s submissions as they were at variance with the
documents filed but rather grant the application of his client in its
entirety. Moreover, he said that the submissions of the first witness
alluded to safety and possibility of escape and not national security
contrary to one of the documents tendered by the defence.
Counsel to the former NSA, Mr. Robert Emukperuo, urged the Court to
disregard the defendant’s submissions as they were at variance with the
documents filed but rather grant the application of his client in its
entirety. Moreover, he said that the submissions of the first witness
alluded to safety and possibility of escape and not national security
contrary to one of the documents tendered by the defence.
He
had earlier urged the Court to grant all the 13 reliefs sought by the
applicant as there is no contestation that the applicant is in
detention, adding that the Nigerian government had arraigned him before
three different high courts on corruption charges which granted him bail
before he was rearrested on December 29, 2015 and has since remained in
detention.
had earlier urged the Court to grant all the 13 reliefs sought by the
applicant as there is no contestation that the applicant is in
detention, adding that the Nigerian government had arraigned him before
three different high courts on corruption charges which granted him bail
before he was rearrested on December 29, 2015 and has since remained in
detention.
According
to him, the critical issue that needs to be addressed is whether there
is any legal basis for the detention other than the recourse to national
security in the light of the sensitive arms or high caliber arms found
in his house. He contended that the defence did not adduce before the
Court any judicial procedure for his incarceration, describing the
detention as a classic case of arbitrary and illegal arrest.
to him, the critical issue that needs to be addressed is whether there
is any legal basis for the detention other than the recourse to national
security in the light of the sensitive arms or high caliber arms found
in his house. He contended that the defence did not adduce before the
Court any judicial procedure for his incarceration, describing the
detention as a classic case of arbitrary and illegal arrest.
Col. Dasuki had approached the Court seeking 500 million in damages for the alleged violation of his human rights.
