ECOWAS court ruling in favour of Former NSA. Dasuki

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.

It also ruled that the former NSA’s continued detention without trial is also unlawful since he has met the bail condition granted by the three courts before which he was arraigned.

On the ground by the federal government that there were plans to destabilize the government, the court held that it was an arbitrary claim which is not a reasonable ground to detain him indefinitely since November 2015.

The court also said that the applicant, like any other ECOWAS citizen, has a right to own and enjoy property without interference.

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 granted after due consideration of the said application, in compliance with section 144 of the ACJA.