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.
ECOWAS May be Financially Broke
While no reason was giving for the indefinite adjournment of the ruling on Dasuki’s case, the ECOWAS Court and its iParent body the ECOWAS Secretariat may be financially broke.
While no reason was giving for the indefinite adjournment of the ruling on Dasuki’s case, the ECOWAS Court and its iParent body the ECOWAS Secretariat may be financially broke.
Recently the Vice President of the
ECOWAS Court of Justice, Justice Micah Wright had disclosed that one of the
impediment that the court was facing was insufficient fund for its operation
due to non-payment of levy by member states.
“The court and by extension the
entire community is facing financial difficulties where member states are not
paying up the community levy and that is the means of finance for all ECOWAS
activities,” he said.
“The court is always at disadvantage
when the funds are being distributed. But we have to take more initiatives to
impress it upon the commission the mandate of the court is of such that the
court is alone.
“The court cannot source external
funding like the commission or like other institutions. We don’t want to
compromise our independence and neutrality by going out to seek donor funding.”
At another occasion, the President
of ECOWAS, Mr Marcel De Souza had expressed frustration over the paucity of
fund being experienced by the commission.
De Souza, spoke when he led a
delegation from the commission to a courtesy visit on the Minister of State for
Foreign Affairs, Mrs Khadijat Abba-Ibrahim.
He appealed to Nigeria and other
member states to rescue the commission by paying up their outstanding levies.
“The community levy which represents
90 percent of our funding is no longer regularly paid by most member states;
Nigeria is not alone in this regard, also Cote D’Ivoire…
“We see that the greatest challenge
lies with Nigeria. The arrears that Nigeria is owning is 694,000 dollars
because there was no payment made between 2015 and 2016.
“Because of the debt burden it
carries, ECOWAS is now losing its credibility,” the president said.
Meanwhile President Muhammadu Buhari
had assured of Nigeria’s continued commitment to meet all her obligations to
the ECOWAS Commission.
President Buhari made the pledged
last month (May 27, 2016) while receiving the new president of the ECOWAS
Commission, Mr Marcel Alain de Souza in State House, Abuja.
The Presidential was reported to
have told the ECOWAS delegation that “the federal government of Nigeria would
strive to show good example by meeting all its financial obligations to the
sub-regional organisation.”
