The Federal government has given an explanation as to why it has not obeyed yesterday’s judgement by the Court of the Economic Community of West African States, ECOWAS, ordering it to immediately release the former National Security Adviser, Sambo Dasuki, who has been in detention since last year over allegations of misappropriation of $2.1 billion arms fund.

Delivering judgement on a Fundamental Human rights suit filed by Dasuki, the court ruled that his arrest, detention and continued detention, was unlawful and arbitrary.

Speaking on the judgement, the Special Adviser, Media and Publicity to the Attorney General of the Federation and Minister of Justice, Abubakar Malami, Salihu Isah, told Premium Times in an interview that the Federal government was still understudying the judgement.

“We cannot just react. We will first of all study the judgement to understand it’s content before taking a stand” he said.

The Court of the Economic Community of West African States, ECOWAS, has ruled against the arrest and continued detention of former National Security Adviser, Sambo Dasuki, describing it as unlawful and arbitrary.

Delivering judgement today in a suit filed by Dasuki, the court ruled that the further arrest of Dasuki by security agents on November 4th last year after he was granted bail by a court of law, amounts to a mockery of democracy and the rule of law.

Dasuki who is currently being tried for allegedly squandering $2.1 billion arms deal fund during the last administration, had dragged the Federal government before the court to seek redress over his arrest and continued detention despite meeting his bail conditions. The court in its ruling today, ordered the Federal government to pay N15 million to Dasuki as damages

Detained former National Security Adviser (NSA), Colonel Sambo Dasuki (rtd), has dragged the federal government to an Abuja High Court challenging his continued incarceration since December last year. In the new suit, Dasuki asked the court to order his immediate release from detention either conditionally or un-conditionally.

Dasuki, who claimed that his fundamental right to freedom of liberty and dignity to life had been grossly violated by the federal government with his detention, prayed for an order of the court to compel the federal government to pay him N15 billion as general damages and compensation for his alleged illegal detention in violation of his rights as enshrined in the 1999 Constitution.

He also prayed the court to compel defendants in the suit to jointly and severally tender a public apology to him to be published in two national dailies for the violation of his rights.

Defendants in the court action are the Department of State Security Service (DSSS), National Security Adviser (NSA), Attorney General of the Federation (AGF) and the Economic and Financial Crimes Commission (EFCC).

Dasuki asked the court to declare that he was entitled to his rights to dignity of human person, personal liberty, fair hearing, freedom of movement, private and family life and to acquire and own properties as enshrined in the 1999 constitution.

He also wants the court to declare that his arrest and continuous detention since December 29, 2015 in the custody of the DSSS and NSA by officers of the federal government without allowing him access to his medical personnel, members of his family and without charging him to court within the time prescribed by law is wrongful, unlawful, un-constitutional and a violation of his right granted by the country’s constitution.

Dasuki said upon his release on bail at Kuje prison on December 29, 2015, he was re-arrested by the operatives of the DSS and had since been kept in solitary conferment, thereby impairing his ability to provide for his family.

The affidavit indicated that the concern and apprehension of his family became compounded when president Muhammadu Buhari in his maiden Presidential media chat of December 30, 2015 said that Dasuki will not be released because of the weight of charges against him and that he may likely jump bail.

Dasuki claimed that unless the court comes to his rescue by protecting him and order his immediate release, his right to life, human dignity, personal liberty, privacy, family life, freedom of movement and right to own properties already impaired and violated by the defendants will continue to be impaired and put in jeopardy.

The case has been assigned to Justice Peter Kekemekun. The court is however on vacation.

Source: Thisday