Supreme Court To Rule On Dasuki’s Detention March

The Supreme Court on Monday fixed March 2 for judgment on an appeal by former National Security Adviser, NSA, Sambo Dasuki, challenging his alleged indefinite detention.

The panel of five Justices, led by Dattijo Mohammed, gave the date after counsel to the parties in the case adopted their addresses.

The ex-NSA had on June 15, 2016 at the Court of Appeal in Abuja, lost his bid to enforce his freedom after securing bails on all the charges against him.

The News Agency of Nigeria recalls that Mr. Dasuki is standing trial for allegedly mismanaging $2.1 billion meant for purchase of arms to fight the Boko Haram insurgents.

Mr. Dasuki’s counsel, Joe Daudu, argued that the decision of the Court of Appeal was erroneous, adding that it was incumbent on the Supreme Court to restore the integrity of all courts.

Mr. Daudu submitted that it was out of place for the court of appeal to scuttle the fundamental rights of a citizen after well-considered decisions of four courts that admitted the applicant to bail.

He said that his client needed the bail to prepare his defence, adding that he could not have access to security documents while in detention.

“My Lords, Dasuki is already being treated as a convict, even when none of the charges brought against him has been concluded.

“We sincerely pray this esteemed court to do the needful by setting aside the decision of the lower court.

“We also pray the court to momentarily halt the applicant’s trial until the federal government obeys the bail order of court,’’ Daudu said.
Rotimi Jacobs, counsel to EFCC, opposed the appeal, saying that it lacked merit and should be dismissed.

He said the bail condition granted Mr. Dasuki was perfected on December 29, 2015, adding that a warrant of release to that effect was served on the Comptroller of Prisons in Kuje, upon which he was released.

Mr. Jacobs said the federal government had not violated his rights, adding that the applicant was only re-arrested by the operatives of the SSS over other fraud allegations.

He said that it was unfair for the applicant to consider his re-arrest as a disobedience to court’s order on his bail.
He said that no court bail was targeted at the SSS when granted.
“The EFCC which put Dasuki on trial on criminal charges at the FCT High Court cannot be held responsible for the action of the DSS on the ground that the two agencies are different entities.

“Besides, My Lords, the appeal court has said there was no existing order against the re-arrest of Dasuki.
“Suffice to say that there cannot be a disobedience to a non-existing court order.

“We pray the apex court to affirm the decision of the lower court which ordered the continuation of the applicant’s trial even while he remains in detention,’’ he said.

Mr. Dasuki had approached Supreme Court praying it to set aside the decision of the Court of Appeal which exonerated EFCC from his re-arrest shortly after he perfected his bail conditions.

He further asked the court to void the ruling of the Federal High Court.

The trial court had held that DSS and EFCC were distinct agents of the federal government, which is the complainant in the charges against the applicant.

Mr. Dasuki had alleged that such pronouncement had given the two agents of government handling the trial to act at variance and against justice.

(NAN)

Presidency Exposes Jonathan’s Incompetence Over Boko Harm

The Presidency reacting to claims by the former national security adviser, Sambo Dasuki that the previous administration of Goodluck Jonathan cleared the Northeast of Boko Haram terrorist to make elections possible in 2015, has said the monster of terrorism got bigger and more daring due to the incompetence and misgovernance of the Goodluck Jonathan’s  administration.

Dasuki had stated in his foreword to a 308-page new book titled, “Boko Haram Media War- An Encounter with the Spymaster” written by Yushau A. Shuaib that “In fact, without our intervention in ensuring the defeat of Boko Haram, the electorates could not have had the opportunity to exercise their franchise. It is a fact that we provided peace and stability that afforded Nigerians, especially in the North-East in voting for their governors, legislators, and others in the 2015 elections.”

The senior special assistant on media to the president, Garba Shehu in a statement described  the reports as untrue and should be dismissed as an attempt to deceive Nigerians with blatant lies.

“The superlative claims by the former National Security Adviser, Colonel Sambo Dasuki that the Goodluck Jonathan administration cleared the Northeast of Boko Haram terrorists to make elections possible in 2015 is untrue and should be dismissed as an attempt to deceive Nigerians with blatant lies.

“The claim is contained in a new book by a journalist is just another unfortunate attempt by inglorious Nigerians to rewrite the history of our country in such a way as to cover the sins of the past.

“We will have to read the entire text to offer a full and adequate response.

Recall that a few months ago the Presidency had facilitated the release of 80 Chibok girls and had reunited them with their families.

 

Dasuki Didn’t Steal $2.2 Billion – Jonathan

Former President Goodluck Jonathan has come to the defense of his former National Security Adviser, Sambo Dasuki.

Dasuki is presently facing trial for the embezzlement of funds meant for purchase of equipment and other logistics for the war against the insurgents, Boko Haram, in the North-East.

Speaking at Oxford University in the United Kingdom, Jonathan maintained that Dasuki didn’t steal $2.2 billion.

In a statement by his Media Adviser, Ikechukwu Eze, the former President said that he worked for next the generation during his tenure and not next election.

Defending his administration’s Transformation Agenda, he said that it was designed to engage the latent potential in the entire nation and stimulate higher productivity.

He said: “While serving as President of Nigeria, I worked for the next generation and not for the next elections. Somebody must sacrifice and work for the next generation otherwise your children’s children will suffer the same predicaments as you have.

Jonathan, who was speaking to students of Oxford University on youth entrepreneurship, also pointed out that quality education and youth empowerment were at the heart of Africa’s growth and development.

“I am excited to be in the midst of some of the World’s future leaders to discuss issues relating to youth empowerment and entrepreneurship. The issue of youth entrepreneurship in Africa is very critical, as Africa is the only continent in which we will witness a population boom.

“Most violent crises in Africa can be traced to a lack of education and opportunities among its teeming youth population. Studies have revealed that there is a symbiotic relationship between youth unemployment and youth restiveness.

“As a leader, you can decide through your policies to educate the youths, or face the consequences of failing to do so. The Transformation Agenda was conceived to engage the latent potential in the entire nation, and to stimulate and enable higher productivity,” he added.

He emphasized that his Administration came up with various programmes to encourage young entrepreneurs including the youth enterprise with innovation in Nigeria (YOUWIN). We reformed the institutions and introduced various mechanisms to stop the problems associated with in our country without much publicity.

“We may not have been perfect, but we did our best, and our best yielded an era of unprecedented economic growth for Nigeria. A growth that proved the truism that a Nation’s wealth is not underneath the ground but between the ears of her people. Nigeria was rated as the
largest economy in Africa and the 23rd in the world by the World Bank and the IMF, with a GDP above US$570 billion.”

“We identified Nollywood as a sector that can employ many young people and provided a grant of $200 million to boost the industry. As a result, Nollywood became a major contributor to our GDP and in 2014, the industry contributed 1.4% to our GDP.

Jonathan also recalled that as Governor of Bayelsa State and later the President of Nigeria, he asked himself some critical questions:

“Why do individuals that grow up in similar circumstances end up differently, with some as successes and others as failures? Why are some nations rich and some poor? Is the wealth of nations a result of geography, weather, culture, destiny? What could a leader do to effectively lift a people out of the depths of poverty, and enable them to achieve prosperity?

“After much soul searching, I concluded that: wealth is a creation of the human mind properly prepared by education. Any nation that does not spend its wealth and resources to develop the capacity of its youth will be forced to use them to fight insecurity”

He challenged African leaders to see youth entrepreneurship as a collective project transcending national boundaries.

Despite incredible challenges, he said that Nigerian youths are achieving great things and placing Nigeria positively in the world map.

The Nation

Nigeria Not Duty-Bound To Follow Ruling Of ECOWAS Court On Dasuki – Presidential Aide

The Nigerian government is not obligated to obey a ruling of the Economic Community of West African States, ECOWAS, Court that a former National Security Adviser, Sambo Dasuki, be released from the custody of the State Security Service, a presidential aide has said.
The ECOWAS Court, on October 4, had declared the continued detention of Mr. Dasuki unlawful, arbitrary and a violation of his right to liberty.
The former NSA is accused of misspending billions of dollars meant for procurement of arms for fight against Boko Haram. The government also accuses him of illegal possession of firearms.
Mr. Dasuki was arrested in December 2015, and has been in detention since then.

“It is advisory opinion,” President Muhammadu Buhari’s adviser on prosecution, Okoi Obla, said of the ECOWAS’ court ruling, in an interview with PREMIUM TIMES.

“The ECOWAS Court cannot enforce opinion. The government is not obligated to obey the ruling of the ECOWAS Court.”
The ECOWAS Court was created pursuant to the Article 6 and Article 15 of the Revised Treaty of ECOWAS, the political-economic bloc of the West African countries.
Nigeria is a signatory to the Treaty which is “binding on the member states, the institutions of the community, individuals and corporate bodies,” as its Article 15(4) provides.

But Section 12(1) of the Nigerian Constitution says “No treaty between the Federation (Nigeria) and any other country shall have the force of law except to the extent to which any such treaty has been enacted by the National Assembly”.
The National Assembly has not domesticated the Revised Treaty and the Supplementary Protocol regarding the ECOWAS Court.
Regardless, analysts expect Nigeria to obey the ruling as an exemplary demonstration of its leadership position in the West African sub-region.
Mr. Obla cited countries he said had disregarded international law.
“Look at Israel; Israel has disregarded all international rulings. The so-called bastion of democracy, America, has flouted all judgements of the ICJ against America. They even refused to be signatory to the ICC treaty,” he said.
He said the “national interest” and “security” of the country “are the most important considerations”.
Asked if releasing Mr. Dasuki could threaten Nigeria’s security, he said, “Well he was a National Security Adviser. That’s a very powerful office; and he’s a Prince”.
Mr. Obla said “cumulatively”, Mr. Dasuki misappropriated $15 billion meant for procurement of arms to prosecute the war against Boko Haram terrorism in the North East.
He denied that Mr. Buhari was being vindictive and acting in contempt of court in the case of Mr. Dasuki.
“The president has not disobeyed any law regarding Dasuki. The first charge against Dasuki was unlawful possession of firearms. They brought application for his bail which was granted. As he was perfecting his bail conditions and before he was released, he was arrested for another offence. That’s it.
“If you are arrested for manslaughter, you asked for bail and the bail is granted. But as you are about to be released, the police come to say you are accused of killing another person two years ago, that has cancelled the first bail.
“There is no evidence that the federal government is in contempt of court,” he said.
He, however, said the government was “still studying the judgement”, echoing an earlier position of the Attorney General of the Federation, Abubakar Malami.

ECOWAS Court Orders FG To Pay Dasuki N15m For Damages

…Declares his arrest and continued detention illegal

The Community Court of the Economic Community of West African States (ECOWAS) has declared the arrest and continued detention of former National Security Adviser (NSA), Sambo Dasuki unlawful, arbitrary and a violation of his right to liberty.

The Court said it was wrong for the Federal Government to continue to detain him over undisclosed offences after he had been granted bail by three deferment courts before which he had been arraigned.

The court, in a unanimous judgment of a three-man panel, read by Justice Friday Chijioke Nwoke awarded N15 million damages against the Federal Government and ordered it to immediately release him and his properties that were confiscated by state’s agents.

The court, which held that the Nigerian state was unable to substantiate its continued detention of Dasuki, also faulted the search of his houses in Abuja and Sokoto without valid search warrant.

The judgment was on a fundamental rights enforcement suit filed earlier this year by Dasuki.

Release Sambo Dasuki Now, ECOWAS Court Rules

The Court of the Economic Community of West African States, ECOWAS, on Tuesday declared the arrest and detention of former National Security Adviser, Sambo Dasuki, as unlawful and arbitrary.

The court also held that the further arrest of Mr. Dasuki by government on November 4, after he was granted bail by a court of law, amounts to a mockery of democracy and the rule of law.

Mr. Dasuki is facing multiple trials for alleged diversion of $2.1 billion meant for the purchase of arms in the immediate past administration.

He is also accused of illegal possession of fire arms.

He approached the ECOWAS court after he was rearrested by members of Nigeria’s State Security Service shortly after meeting his bail conditions in November last year.

He has remained in the custody of the SSS since his arrest.

On Tuesday, a three-member panel led by Justice Friday Nwoke said Nigeria’s government was wrong in arresting Mr. Dasuki without a search warrant, adding that the pattern of arrest negates the provisions of Section 28 of the Nigerian Police Act.

According to the said section, a superior police officer may authorise the search of a resident belonging to a suspect assumed to be in illegal possession of an item, if the officer so authorised has a search warrant.

The court also noted that Section 143 of the Administration of Criminal Justice Act, ACJA, allows that where such a search is proposed by the police or other authorities, an application must first be made to a court of law and and granted after due consideration of the said application, in compliance with section 144 of the ACJA.

The court further said the submission of Nigerian government that it came with the search warrant to Mr. Dasuki’s house but could not give it to him, because officers at his residence resisted the security operatives, was ineffective in proving its points.

Acording to the judge, the search warrant presented before the ECOWAS court was not certified and therefore lacks verifiable authenticity.

The court said government failed to prove its reasons for arresting and detaining Mr. Dasuki, as documents presented before it only emphasised the allegations of fraud and illegal possession of arms.

It added that the ECOWAS court was not set to determine whether or not the possession of arms by Mr. Dasuki amounted to an offence or not.

It however decided that the arrest was unlawful, arbitrary and a violation of local and international rights to liberty.

The court ruled that Federal Government should pay a sum of N15 million as damages to Mr. Dasuki.

It also decided that the cost of litigation will be summed up and charged against the Nigerian government.

Premium Times

Dasuki Trial Stalled As SSS Fails To Present Ex-NSA In Court Again

The Federal Government has again failed to produce the former National Security Adviser, Sambo Dasuki, before an Abuja High-Court for trial.
Mr. Dasuki is accused of money laundering and corruption.
He was charged along with five others before Justice Peter Affen, and was granted bail. He was re-arrested and kept in custody of the State Security since December 2015.
Others being prosecuted along with the former NSA include a former Director of Finance in the Office of the NSA, Shuaibu Salisu, a former finance minister of state, Bashir Yuguda; a former Sokoto governor, Attahiru Bafarawa, the ex-governor’s son, Sagir Attahiru, and a firm, Dalhatu Investment.
At the resumed trial Thursday, counsel to the Federal Government, Rotimi Jacob, told the judge that he was surprised that Mr. Dasuki was not brought to court by his client.
Mr. Jacob said on his part he notified the Economic and Financial Crimes Commission (EFCC) on the trial and the need to produce Mr. Dasuki in court, but said that communication gap between the EFCC and SSS was responsible for non-production of the former NSA in court.
Mr. Jacob applied to Justice Affen to stand down the case for him to enable his client to produce Mr. Dasuki in court.
He could not give a definite period within which the EFCC would bring the ex-NSA to court.

The action of the prosecution provoked reactions from Olajide Ayodele (SAN) counsel to former Minister of State for Finance, Mr. Yuguda, who opposed the request.
The senior counsel said the failure of the prosecution to give a definite time within which Mr. Dasuki would be brought to court by either EFCC or SSS was an indication that he haD no knowledge of what was transpiring between the EFCC and DSS on the matter.
Mr. Olajide therefore pleaded with the judge to adjourn the trial.
His position was adopted by Jacob Daudu, who stood for Mr. Dasuki and regretted that the government which put the ex-NSA on trial was the one scuttling the trial.
Mr. Daudu said since June when the matter was adjourned, the EFCC which initiated the trial on behalf of the Federal Government ought to have known that it its responsibility to produce Mr. Dasuki in Court as required by the law.
Former Attorney General of the Federation and Minister of Justice, Akin Olujimi, who stood for former Sokoto Governor, Attahiru Bafarawa, also opposed the request to stand down the case without a definite time.
He pleaded for an adjournment.
In his ruling, Justice Affen agreed that it would be unfair to stand down the case without a definite time within which Mr. Dasuki would be produced in court.
The judge advised the government to ensure Mr. Dasuki is in court, and adjourned the matter till October 21, 2016.

Jonathan Ordered Dasuki To Give Me N100m

A former Senior Special Assistant on Public Affairs to ex-President Goodluck Jonathan, Dr. Doyin Okupe, says the embattled former National Security Adviser, Col. Sambo Dasuki (retd.), gave him N100m on the instruction of Jonathan.

Okupe, who served as Jonathan’s spokesman from 2012 to 2015, added that he received N10m monthly from Dasuki to pay salaries and run a weekly programme on NTA.

The former presidential aide said this in a Facebook post on Sunday while reacting to his arrest and interrogation by the Economic and Financial Crimes Commission.

The EFCC had alleged that Okupe received N85m from Dasuki at different times.

In his reaction, Okupe said, “The initial N50m was approved by the President (Goodluck Jonathan) to be paid to me from his security vote. N10m was to furnish my rented living apartment and another N10m for my office. The balance N30m was approved as take-off grant.

“The N10m I received from the ONSA monthly was to run my office, pay salaries of members of staff, including overheads, pay expenses for our numerous press conferences, pay for publications in newspapers, magazines, local and foreign, television programmes, bulletins, and media consultants who assist and facilitate our work. I had about 23 (members of ) staff, 11 were graduates out of which five were Master’s degree holders.

“The second N50m was approved again by Mr. President when I reported to him that the monthly allowance had been cut from N10m to N5m and that I was no longer in a position to keep running a one-hour NTA network programme called INSIGHT which was aired 9am to 10am every Friday.

“We paid NTA about N1.2m monthly for airtime. Two presenters were paid N600,000 monthly. The lead presenter on INSIGHT earned N400,000 and the second presenter earned N200,000. Total N600,000.

“We paid for tapes and editing per programme. Besides, we also paid honorarium for guests either directly or in form of hotel bills for those outside Abuja, or transportation.

“This cost averagely N500,000 weekly or about N2m monthly. All in all, we spent about N4m monthly on the programme. Mr. President promised to help with the expenses. About a few months later when we had incurred some debts the NSA sent me this N50m which was to cover the cost of the programme for 12 months.”

Okupe further clarified that his monthly allowance was not his salary but meant for the running of his office. He said out of the N10m given to him by Dasuki monthly, 40 per cent went on salaries.

“Salary sheets with names and offices of employees were submitted to the EFCC. I was paid my salary of N853,000 per month through the office of the Secretary of the Government of the Federation,” he said.

Okupe, who was also quizzed for allegedly receiving some dubious contracts from a local council in Niger State to the tune of N76.5m, said his company, Romix Soilfix, was one of the over 20 construction companies who were duly awarded contracts for rural roads some five years ago by the Niger State Government.

He explained that due to lack of funds, contractors were paid irregularly making the job to drag.

“The job is still ongoing. The relationship of this to my service as senior special assistant to President is still not clear,” Okupe said.

The former presidential aide criticised the EFCC for allegedly releasing details about his health.

Okupe confirmed that he suffered a heart problem and he only explained this to investigators to prevent him from being detained.

He added, “I was born with sinus bradycadia, a non-disease based slowness of the heart. It precluded me from vigorous exercise from childhood but I have, by God’s grace, been able to live a normal and active life.

“With age, the slowness grew worse and life-threatening. I sought medical help and went through a procedure at the Arrhythmia Cardiac Research Centre in Atlanta, where this defect was corrected. It was just a year ago and I am still under satellite monitor from the USA. This is what I revealed to the EFCC and they made it a public issue.”

Okupe maintained that he was not a thief, adding that he had only two houses: one in Lagos and one in his hometown.

Dasuki Denies Ownership Of Weapons Found In His Home

A former National Security Adviser, Sambo Dasuki, has said that weapons found in his home last year belonged the NSA office.

A Federal High Court in Abuja on Wednesday heard that the weapons found at the Asokoro residence of Mr. Dasuki barely 48 hours after he left office were for the use of his security details.

These were contained in Mr. Dasuki’s statement made to the operatives of the State Security Service, SSS, tendered and admitted as exhibit by Justice Adeniyi Ademola in the ongoing trial of the former NSA on charges of unlawful possession of arms.

A prosecution witness, Samuel Ogbu, who is an operative of SSS stated this when he was asked to read in the open court the statement made by Mr. Dasuki during his interrogation by the SSS before he was charged to court.

Under cross-examination by the counsel to Mr. Dasuki, Ahmed Raji, the witness said that Mr. Dasuki in his statement confirmed that weapons were for the ONSA and for the protection of the NSA.

The witness also said that Mr. Dasuki claimed in his written statement that the weapons were to be returned to the ONSA by the security details at the end of the day.

Mr. Ogwu said he could not remember the date Mr. Dasuki left office as NSA but however insisted that the interrogation was conducted after he had left office.

Answering another question, the witness, who claimed to have spent 34 years in the service, admitted that the NSA was entitled to security details as the coordinator of activities of all security agencies in the country.

The operative said that the SSS did not issue the weapon to the former NSA, but said he would not know whether the weapons were issued to Mr. Dasuki by the military authority.

Also under cross-examination, the witness admitted that he had never been to the armoury of the Nigerian Army, Airforce, Navy, Police, National Intelligence Agency and DMI and would not know whether the weapons found in Mr. Dasuki’s house were issued to him by any of the agencies.

“I am aware that the Office of the NSA coordinates the activities of all security agencies in this country comprising Police, Army, Airforce, Navy, DSS, and DMI among others and my evidence in this trial relates only to what happens in the DSS,” Mr. Ogwu said.

Earlier in his evidence, the witness had claimed that the house of Mr. Dasuki was searched based on intelligence report and that some weapons including powerful rifles were hidden.

He said that as a follow-up to the recovery, he was invited to participate in the interrogation of Mr. Dasuki to know the ownership of the weapons and for what purposes they were meant in the house.

The witness said that the interrogation was freely conducted and fully recorded with electronic gadgets and that Mr. Dasuki’s statement was also recorded when it was being made voluntarily.

Led in evidence by the counsel to the Federal Government, Dipo Okpeseyi, the witness said that the SSS decided to interrogate the ex-NSA on the weapons because of their sophistication.

The witness added that ordinarily such weapons were not usually issued to ordinary individuals because of their capacities and that licence were not usually issued to individuals to purchase or carry them.

Mr. Ogwu told the court that parts of the guns, Tavor Assault Rifles, were imported into the country by the Federal Government following the Boko Haram.

Armsgate: Metuh Was Paid N400m – Okupe

Doyin Okupe, the erstwhile Senior Special Assistant to former President Goodluck Jonathan, on Wednesday, appeared as the third defence witness (DW3) for Olisa Metuh, the embattled national spokesperson of the Peoples Democratic Party, PDP who is standing trial over his alleged role in the infamous $2.1 billion arms deal, involving the former National Security Adviser, NSA, Col. Sambo Dasuki (retd).

Metuh is being prosecuted alongside his company, Destra Investment Limited on a 7-count charge before Justice Okon Abang of the Federal High Court, Abuja by the Economic and Financial Crimes Commission, EFCC,

He is accused of allegedly receiving N400million (four hundred million naira) from former NSA, Col. Dasuki (retd).

At an earlier sitting on Tuesday, May 17, 2016, the defence had present Ifeanyi Odenigbo, a consultant with Q-time Nigeria Limited, who had told the court that, there was a remittance of N450million from the Office of the NSA to Destra Nig Limited; the source of which he said was not made known to him.

At the resumed sitting today, Okupe while being led in evidence by Metuh’s counsel, Onyechi Ikpeazu, SAN, narrated how he was part of the meeting in which Metuh made a presentation on what could be done to launder the image of the then president and that of the PDP.

“After the meeting, the president said he will make a directive for Metuh to be mobilised with funds to carry out the project. The next day, Metuh called me to tell me that his account had been credited with N400m”, Okupe said.

Under cross examination by counsel to EFCC, Sylvanus Tahir, Okupe, admitted that, government institutions and agencies are not part of the organs of the party.

When shown one of the exhibits (e-payment mandate) from the Office of the NSA, detailing the transfer of the sum N400m to Destra Investment Limited, Okupe claimed he does not understand the document neither does he know what it is all about.

Thereafter, Ikpeazu sought for an adjournment on the grounds that Metuh has a health challenge.

Consequently, Justice Abang adjourned to May 19, 2016 for continuation of defence.

ECOWAS Court Throws Out FG Application On Dasuki Case

Former National Security Adviser (NSA) Col Muhammed Sambo Dasuki (rtd), Tuesday, triumphed at the Economic Community for West African States (ECOWAS) Court in the first leg of his court action challenging his alleged unlawful arrest and detention without trial since December last year by the federal government.

Against the objection of government, the international court in Abuja ruled that it has jurisdiction to entertain the suit brought before it by Dasuki for the enforcement of his fundamental rights to liberty and to own property as enshrined in the provisions of the Nigerian 1999 constitution and African Charter on fundamental rights of persons.

In the ruling delivered by Justice Friday Chijoke Nwoke, the ECOWAS court dismissed out-rightly the objection of the government against Dusuki suit on the ground that the objection was misconceived, frivolous and lacked merit.

Justice Nwoke in the unanimous ruling of the 3-member panel of the court held that the claim of government that Dasuki’s case emanated from his trial on certain offences was inappropriate and being the basis for his objection to the applicants case in this matter cannot hold water since the reliefs sought by Dasuki have nothing to do with the ongoing trial at the domestic courts of Nigeria.

The Justices in their opinion held that the claim of government that Dasuki ought to have filed contempt charge against the Nigerian government for disobeying court orders that admitted him to bail but flouted by the defendant cannot be sustained because the case of applicant is not ambiguous, in that it has no root from any criminal trial in any court.

Justice Nwoke said that at any rate, the case of Nigerian government cannot stand in the face of the law because there is no evidence that Dasuki has filed similar pending matter in any international court and that even if he has similar matter in any Nigerian court up to supreme court, such domestic court cannot have the status of international court as envisaged in the treaty in which Nigeria is a signatory.

“In our opinion, what Dasuki brought before us as a case is an issue for the enforcement of his fundamental rights to liberty and own property and against unlawful arrest, unlawful detention and unlawful seizure of properties without any court order or warrant of arrest.

“From the totality of the issues brought before this court, it is clear and there is no ambiguity that the applicant is seeking enforcement of his right to freedom and not on the issue of his trail for any alleged offence before any Nigerian court.”

Justice Nwoke further said: “therefore, the objection of the government and the request that the case of the applicant in this matter be struck out on the ground of emanating from any criminal matter has no basis, the claims and the request lack merit and hereby dismissed and we declare that the application of Dasuki is admissible to this court.”

The ECOWAS court said that it was not out to decide the issue of whether the applicant is guilty of the charges against him in the Nigerian courts or not but simply to ascertain whether his fundamental rights to liberty having been granted bail in criminal matters and rearrested since last year and kept in an unknown place constitute an abuse of his rights to freedom.

Dasuki through his lawyer, Mr Robert Emukpoeruo and Wale Balogun had dragged the FG before the ECOWAS court to complain that the invasion of his house in Abuja, Kaduna and Sokoto without any court order or warrant of arrest and even seizure of his properties comprising vehicles, money and documents constituted the abuse of his rights to liberty as enshrined in section 36 and 34 of the 1999 constitution and other international laws where Nigeria is a signatory.

Besides, he complained that the invasion of his house by operatives of government without lawful court order traumatised his 94 years old father who received shock and up till now has not recovered from the sickness that followed.

Dasuki, therefore, asked the ECOWAS court to award N500million compensatory damages in his favour having been denied access to medical attention in abroad as ordered by a Nigerian court since November last year.

The government through its lawyer, Mr Tijani Gazali had objected to Dasuki’s case on the ground that ECOWAS court has no jurisdiction to dabble into the trial of any Nigerian in the Nigerian court and ask the ECOWAS court to strike out Dasuki’s case because it constituted an abuse to the Nigerian courts.

Meanwhile, definite hearing in the matter has been fixed for May 17 and 18, 2016.