Revealed: Why Sambo Dasuki could remain in detention for life
The Economic Community of West African States (ECOWAS) Community Court of Justice has adjourned sine die (indefinitely) the ruling in the case of former national security adviser (NSA), Col Sambo Dasuki (rtd) against the government of the federation in which he challenged his illegal detention by the federal government in prison custody since last year December by the Department of the State Services (DSS).
Justice Friday Nwoke, who presided over the court on May 16 reserved judgment till today (Thursday, June 30, 2016) after taking final argument from the former NSA’s counsel, Robert Emukperuo and the federal government lawyer, Tijani Gazali.
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On the other hand, newsmen, lawyers and other followers of the case who went to the regional court at Abuja on Wednesday, June 29, were surprised when they were informed that the much anticipated judgement of the court was not ready and that a new date for the verdict would be communicated to lawyers when ready.
At the court entrance, journalists, lawyers and observers were prevented by at least 12 security men who told them the court management instructed them to tell everybody that the verdict was not ready, making people to leave one after the other when it became clear the court will not sit after all.
Col Sambo Dasuki, former national security adviser to former president Dr Goodluck Jonathan
Dasuki was taken by the federal government before the ECOWAS Court praying the regional court to intervene in his detention without trial since December, 2015.
The ex-NSA asked the court to void his detention, the seizure of his properties and to prevent the federal government from continuously holding him in custody, without a legal court order.
In the court action filed by Dasuki’s counsel, Robert Emukpoeruo, Dasuki told the court to award in his favour a sum of N500 million as compensatory damages for the alleged illegal intrusion of his house, detention, seizure of properties and infringement on his fundamental human rights.
He noted that government had put him on trial on three different high courts on corruption charges, where he was granted bail and after his bail, he was re-arrested on December 29, 2015 and has since been held inaccessible without lawful court order.
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Dasuki who argued through his lawyer, 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, saying: “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.”
In addition, he said: “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.”
About six days ago, Dasuki himself said, he is being punished by some people at the highest level of power in Nigeria for perceived grievances held against him while in active army service many years ago.
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