Former National Security Adviser (NSA),
Col. Mohammed Sambo Dasuki (retd), has
dragged the Federal Government before
ECOWAS Court in Abuja over his continued
detention. He is also demanding payment
of N500 million damages for alleged rights
infringement.
This is even as a Federal High Court in
Abuja yesterday ordered the government to
produce him by February 16.
Dasuki is also urging the sub-regional court
to order his release forthwith.
In the suit filed by his lawyer, Robert
Emukpoeruo, the former NSA is urging the
court to declare among others, that his
continued detention in defiance of orders
for his bail granted by three courts, and
after fulfilling the bail conditions, was
“unlawful, arbitrary and an egregious
violation” of his human rights.
The applicant also urged the ECOWAS
Court to hold that it was, “a most egregious
violation of the treaty obligations” signed
by Nigeria under and by virtue of its being
a signatory to legal instruments, to have
unlawfully detained him under a “de-
humanizing condition” after he had been
granted bail and met the conditions for his
release.
Similarly, the former NSA would want the
court to declare that the alleged invasion of
his privacy, home and correspondence at
his Abuja and Sokoto residences on July 16
and 17, 2015 and the “forceful and unlawful
seizure” of his properties, “without any
lawful order or warrant” constituted a gross
violation of his fundamental rights and
offended the country’s treaty obligations as
a signatory to the listed legal instruments.
Meanwhile, Justice Adeniyi Ademola of the
Federal High Court, Abuja yesterday ordered
Dasuki be produced in court on February 16
following his absence in court without any
reason.
The judge said it was mandatory for a
defendant in a criminal matter to be
physically present in court at every stage of
the prosecution except where the presence
was an excuse.
Dasuki’s counsel, Mr. Joseph Daudu (SAN),
had also complained that his client was
abducted by security agents six weeks ago
to an unknown destination. He told Justice
Ademola that since the ex-NSA was
whisked away, all efforts by his family and
his lawyers to access him had been
scuttled.
Daudu recalled that in three different High
Courts where Dasuki was arraigned by the
Federal Government, his client was
admitted to bail, regretting that till date, the
government and its agents have refused to
allow Dasuki go on bail. He urged the
judge to compel the Federal Government
and its agents to respect the court’s
decision, having joined issues with the
defendant in court.
Justice Ademola said: “I am worried that
the accused is not here. I do not want to
set a bad precedent. Except the court gives
express order for the defendant not to be in
court, the accused must be brought to
court from wherever he is. The accused
must be here because I am not sure if what
I am doing right now in the absence of the
accused is not an illegality.
“Government and whoever is concerned
must endeavour to do the necessary thing.
The accused having been formally charged
in court, must be produced in court for trial
on the appointed days in compliance with
the provisions of the law,” he said.
Earlier, counsel to the Federal Government,
Mr. Dikpo Okpeseyi (SAN), said he applied
for withdrawal of an application he had
filed, seeking revocation of bail granted
Dasuki on November 3 last year.
The judge consequently struck out the
application and announced that the ruling
would be delivered on February 16 in a
pending government application, seeking
secret trial of the former NSA.
The government arraigned Dasuki on
charges of unlawful possession of fire-
arms, breach of trust and money
laundering.
Meanwhile, Dasuki’s trial has been fixed for
February 16 and 17 before Justice Ademola
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