“From the totality of the issues brought before this court, it is clear and there is no ambiguity that the applicant is seeking enforcement of his right to freedom and not on the issue of his trial for any alleged offence before any Nigerian court”.
Justice Nwoke further said, “Therefore, the objection of the government and the request that the case of the applicant in this matter be struck out on the ground of emanating from any criminal matter has no basis, the claims and the request lack merit and hereby dismissed and we declare that the application of Dasuki is admissible to this court,” the court said.
The sub-regional court said it was not out to decide the issue of whether the applicant is guilty of the charges against him in the Nigerian courts
or not but simply to ascertain whether his continued detention, having been granted bail in criminal matters and rearrested since last year and kept in an unknown place, constitute an abuse of his rights to freedom.
Mr. Dasuki, through his lawyer, Robert Emukpoeruo and Wale Balogun, had filed an action before the ECOWAS court to complain that Nigerian security agencies invaded his homes in Abuja, Kaduna and Sokoto without any court order or warrant of arrest and seized his properties, comprising vehicles, money and documents, an action he argued amounted to abuse of his rights to liberty as enshrined in section 36 and 34 of the 1999 constitution and other international laws to which Nigeria is signatory.
Besides, he complained that the invasion of his homes by operatives of government traumatised his 94-year old father who became traumatised and had, up till now, yet to recover from the sickness that followed.
Mr. Dasuki therefore asked the ECOWAS court to award N500million compensatory damages in his favour having been denied access to medical attention abroad as ordered by a Nigerian court since November last year.
The government, through its lawyer, Tijani Gazali, had objected to Mr. Dasuki’s case on the ground that the ECOWAS court had no jurisdiction to dabble into the trial of any Nigerian in a Nigerian court and asked the ECOWAS court to strike out the case, saying it constituted an abuse to the Nigerian courts.
After the court dismissed the objection of the Nigerian government, it fixed May 17 and 18, 2016 for hearing of the substantive matter.
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