On Tuesday, the Economic Community of West African States (ECOWAS) Court ruled in favour of Sambo Dasuki, Nigeria’s former National Security Adviser (NSA). The court described Dasuki’s continued detention by the Department of State Services (DSS) as “unlawful, arbitrary and a violation of his right to liberty” and therefore ordered his release. The court also ordered the federal government to pay Dasuki N15m damages. The questions now is, will the Buhari-led government obey the court ruling?

In March 2016, Dasuki had approached the ECOWAS court requesting that the regional court declare the action of the Nigerian government, of keeping him in detention after several Nigerian courts had granted him bail, as unlawful. The former security chief also asked the court to order his release and the release of his properties that were confiscated during the time he was arrested.

Dasuki was arrested and has remained in detention since November 2015. He was accused of diverting and sharing $2.2 bn government fund meant for the procurement of arms. Sambo Dasuki was appointed the NSA by former President Goodluck Jonathan on June 22, 2012. He served in the same capacity until he was relieved by Muhammadu Buhari barely two months he assumed office as president.

While delivering his verdict, Justice Chijioke Nwoke of the regional court 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 December last year [make a mockery] of the rule of law. The 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 disentitle him to the freedom of liberty. Courts must rise to their responsibilities and prevent executive lawlessness.”

Despite several previous judicial rulings that have ordered Dasuki’s release, President Buhari has vowed not to free Dasuki. During the presidential media chat that held at the presidential Villa on December 30, Buhari insisted that the ex-NSA would jump bail if released. “If you see the atrocities these people committed against this country, we can’t allow them to jump bail,” he said.

Reacting to the health grounds on which two different courts granted Dasuki bail, Buhari queried that “what of the over two million people displaced, most of them orphans whose fathers have been killed, what type of government do you want to run? We cannot allow that.” Many Nigerians have described the president’s statements during the media chat as a mockery of the country’s judiciary and a disregard for the rule of law.

On October 1, while delivering his Independence Day speech, President Buhari mentioned that “corruption is a cancer which must be fought with all the weapons at our disposal” but he promised that “in fighting corruption, however, the government would adhere strictly [to] the rule of law.”

Dasuki’s case is the first corruption-related case involving the government that has gotten a verdict since Buhari gave his speech four days ago. This is definitely a litmus test for Buhari and his government. If the federal government decides to disobey the ECOWAS court’s ruling, it points to the insincerity of the president’s statements and expression towards fighting corruption and at the same time making a case for Nigerians to doubt what the president says in the future.

sarrki:
Dasuki will rot in jail