Hope for Dasuki as ECOWAS court against FG’s protest admits his case

The Community Court of the Economic Community of West African States (ECOWAS) yesterday said it has the jurisdiction to hear a suit filed by former National Security Adviser (NSA), Sambo Dasuki.

Dasuki is, by the fundamental rights enforcement suit, challenging his continued detention by the Department of State Services (DSS).

He contends among others that his detention amounted to a violation of his fundamental rights on the grounds, among others, that not only has he been granted bail by Nigerian courts, there was no subsisting order for his detention.

In a ruling yesterday, a three-man bench of the ECOWAS Court dismissed the Federal Government’s objection to its hearing of the suit.

Justice Friday Chijoke Nwoke, who presided and read the ruling, held that the Nigerian Government, represented by Tijani Ganzali, misunderstood the kernel of Dasuki’s case by arguing that it bordered on contempt of the order earlier made by Nigerian courts.

The Judge said Dasuki’s case was mainly a challenge of the alleged breach of his fundamental human rights by agents of the Nigerian government.

“In determining jurisdiction, the court is to look at the facts as stated by the plaintiff and the prayers he sought, not the defendant’s

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“A careful analyses of the facts by the applicant is that he was unlawfully detained without committing any offence, and that his continued detention was as a result of the defendant’s President’s statement that he will not be released,” he said.

On the Nigerian government’s argument that similar case was pending in local courts, Justice Nwoke was of the view that the case before the Nigerian courts are criminal and not related to rights abuse.

“The defendant’s (Federal Republic of Nigeria’s) argument that a similar case is pending in Nigerian court is unfounded.

“The case before this court is not similar with the criminal ones before the local courts. This application (suit by Dasuki) is declared admissible.

“This court dismisses the objection of the Federal Government of Nigeria. Cost is to abide the final determination of the case,” Justice Nwoke said.

He adjourned to May 17 and 18 for definite hearing of the substantive case.

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