ECOWAS Court says it has jurisdiction to hear Dasuki’s suit

The Community Court of the Economic Community of West African States has ruled that it has the jurisdiction to hear a suit filed by former National Security Adviser (NSA), Mohammed Sambo Dasuki, to challenge his alleged unlawful detention.

Dasuki was arrested by the operatives of the Department of Department of State Service on December 29, 2015, shortly after he was released on bail at the Kuje prison with respect to the various sets of charges pending against him.

The ex-‎NSA has since then remained in the custody of the DSS.

‎In a ruling by  a three-man bench on Monday, the ECOWAS Court dismissed Federal Government’s objection to the hearing of Dasuki’s suit.

Justice FChijoke Nwoke, who presided and read the court’s ruling, held that the Nigeria’s Federal Government, represented by Tijani Ganzali, misunderstood the kernel of Dasuki’s case by arguing that it bordered on contempt of the orders previously made by the Nigerian courts.

The judge held that  Dasuki’s case was mainly challenging the alleged breach of his fundamental human rights by agents of the Nigerian government.

He ruled, “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.

“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.”

‎The judge also ruled that the Nigerian government’s argument that similar case was pending in local courts was baseless as the cases referred to were criminal and not related to rights abuse.

He added that from the facts available to the court  no similar case was pending before any other court, which ordinarily, would have denied his court the necessary jurisdiction.

He said “It is beyond contention that the issues raised in this matter border on human right violation. The defendant’s (Federal Republic of Nigeria) argument that a similar case is pending in Nigerian court is unfounded.

“The pendency of any similar case in Nigeria does not amount to an international court. An individual can maintain a fundamental rights enforcement case before this court even if he has not exhausted local remedies.

“The case before this court is not similar to 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.”

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

Dasuki is, by the fundamental rights enforcement suit, is challenging his continued detention by the DSS.

He contended among others that his detention amounted to a violation of his fundamental rights on the grounds that he had been granted bail by Nigerian courts, that there was no subsisting order for his detention.

ECOWAS Court says it has jurisdiction to hear Dasuki’s suit