The Economic Community of West African States Court has ordered the
Federal Government to justify the detention of a former National
Security Adviser, Colonel Mohammed Sambo Dasuki (rtd), in one day.
The
court also ordered the detained retired army officer to make out his
case against government challenging his detention since December last
year in one day.
The Presiding Judge of the regional court,
Justice Friday Chijioke Nwoke, gave the order in Abuja on Tuesdayat the
resumed hearing in a legal action instituted by Dasuki challenging his
alleged unlawful detention, unlawful seizure of properties and
infringement on his fundamental rights to freedom of liberty.
Justice
Nwoke, while ruling in a motion by the Federal Government seeking to
lead oral evidence against Dasuki to justify his detention, said the
regional court, having granted expeditious hearing in the case of
alleged abuse of fundamental rights, would not do anything to defeat the
accelerated hearing order.
In the ruling, the presiding judge
granted the request of the Federal Government to call two witnesses, who
are security operatives, to lead oral evidence against Dasuki, but
ordered that the defence by the government must be done within one day.
Nwoke
subsequently ordered Dasuki to make out his case of the abuse of
fundamental rights against government on May 18, 2016, while the Federal
Government must put its defence at the disposal of the court on May 19,
2016.
He said: “Having listened to parties in this matter and the
parties having filed and put all necessary documents and exhibits at
the disposal of this court and having granted accelerated hearing in
this matter, it is in the interest of justice that this case must be
expeditiously dealt with.
“In this regard, the plaintiff is hereby
ordered to make out his case on Wednesday, May 18 and the defendant to
ventilate its defense the following day, May 19 after which we will
adjourn for judgment.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, Robert Emukpoeruo, Dasuki asked the court to award in
his favour 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 meeting all the bail
conditions, he was re-arrested on December 29, 2015 and has since been
held incommunicado without lawful court order.
The Federal
Government, through its counsel, 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.
At Tuesday’s hearing, a motion by
government seeking to call oral evidence by Federal Government against
Dasuki was granted by the court.
Justice Nwoke however lambasted
the Federal Government for filing the motion on notice on Tuesday,
adding that the action of government was a ploy to impede accelerated
hearing already granted.
He said the request was only granted in the interest of justice.
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