Embattled former National Security Adviser, Sambo Dasuki has dragged the Federal Government to the Economic Community of West African States (ECOWAS) Court of Justice over his continued detention without trial since December 2015.
The operatives of the Department of State Security Service (DSS) had rearrested Dasuki shortly after perfecting the third bail conditions granted him by Nigerian Courts. He is asking the ECOWAS Court to enforce his fundamental right as enshrined in the African Charter on the People and Human Right.
In the suit filed before the ECOWAS court by Dasuki’s counsel, Robert Emukpoeruo, he prays the court to declare his arrest without a lawful court order unconstitutional and breached of his fundamental right.
The applicant also asked the court to declare the action federal government’s action to keep 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.
Dasuki also asked the ECOWAS Court declare the invasion of his privacy, home, and correspondence at his Abuja and Sokoto homes between July 16 and 17, 2015 during Ramadan Fasting and forceful and unlawful seizures of his property without any lawful order or warrant of a court unconstitutional , saying the actions constituted a gross violation of his fundamental right under Section 44 of the Nigerian Constitution and other relevant laws.
Ultimately, he prayed the Court to order his release and that of his property during the invasion of his houses.
Dasuki also demanded a compensatory damages to the tune of N500 million for his unlawful incarceration.
The Federal Government, through its counsel, Mr. T. A Gazalli, however objected Dasuki’s requests, arguing that the ECOWAS Court has no jurisdiction to enforce the bail conditions because it cannot sit as an appellate court to the Nigerian Court. He, therefore, urged the Court not to entertain the case.
Justice Friday Chijioke Nwoke who led a Panel of three justices of the ECOWAS Court, then adjourned the case till April 11, 2016 for ruling on the jurisdiction of the court.