.FG ordered To Pay N15m Compensation For Executive Misbehaviour

The Economic Community of West Africa States, ECOWAS Court on Tuesday ordered immediate release of former National Security Adviser, Colonel Muhammadu Sambo Dasuki (rtd) from detention, where he has been kept unlawfully by President Muhammadu Buhari’s government since December 2015.

The regional court held that Dasuki’s detention violated both national and international laws on the right of persons and citizens to freedom of liberty.

In a judgement delivered by Justice Friday Chijioike Nwoke, the ECOWAS court imposed punished Nigeria for executive lawlessness by imposing a fine of N15,000,000 against the country as compensatory damages to the former National Security Adviser for the deprivation of his freedom to liberty and trespass to his properties.

The court further dismissed the allegations of unlawful possession of firearms and economic crimes allegedly committed by Dasuki, saying the Nigeria government missed the track as the applicant applied before the court for the enforcement of his breached rights and contravention of his fundamental right.

Justice Nwoke was of the view that even if the applicant had committed a crime, due process must be observed in his trial. He said it is an established fact that Dasuki was put on trial in three different Nigeria High Courts and was granted bails by the courts.

The court said the continuous detention of the applicant is condemnable because criminality has not been established against him.

Justice Chijioke further lambasted the Nigerian government for taking laws into its hands and made mockery of the rule of law by arresting the applicant without warrant of arrest or warrant of detention when he had legally been granted bail by the appropriate courts.

A detention order must be made in writing and must be delivered to the detainees but none of such was obtained and delivered to Dasuki by the Federal Government before arresting and executing and forcefully took away property of the applicant in his houses in Abuja and Sokoto, Justice Chijioke said.

The court threw away the claim of the Federal Government that Dasuki was arrested and detained in his own interest. The court said such claim was an assault to the Nigerian Constitution and other international laws because there was no iota of evidence placed before the court that applicant applied for security protection.

The Judge said: “Having perused the case before us, we have come to the conclusion that the re-arrest and detention of the applicant after he had been granted bail by three courts since last year make mockery of the rule of law. Executive arm should not interfere with the judiciary.

“Even if the applicant has committed crimes of whatever nature, the principle of innocence must be respected and the fact that he has been charged to court does not disentitled him to freedom of liberty… Court must rise to their responsibilities and prevent executive lawlessness.

“It is the applicant today; it could be anybody tomorrow. There is no legal basis for the re-arrest of the applicant other than to circumvent the bails granted by courts.

“We have no difficulty in coming to the conclusion that the purported search warrant claimed to have been obtained by the Nigerian government was an afterthought aimed at perverting the cost of justice because the so-called search warrant was not certified and to worsen the case the defendant claimed that it could not serve the same search warrant on the applicant.

“For the avoidance of doubt, anybody who commit crimes must be put on trial before an appropriate court but in doing so, the state must respect local and international laws in the prosecution of such persons.”

The court therefore held that the arrest, detention and the continued detention of Dasuki since December 2015 without warrant of arrest was unlawful, arbitrary and done in contravention of both local and international laws especially Article 5 and 6 of the African Charter on People’s and Persons’ Rights to freedom of Liberty.

The court also ruled that the invasion of Dasuki’s houses in Abuja and Sokoto and forceful removal of his personal property violated all the relevant laws, especially the Constitution of Nigeria under Section 37 and 44.

The court therefore ordered his immediate release and payment of N15,000,000.00 as compensation to him for his unlawful arrest and detention.

It would be interesting to see how the federal government responds to this decision. Calls by CHECKPOINTCHARLEY to the Attorney General of the Federation and Minister of Justice, Mr. Abubakar Malami was not answered.