The Nigerian government is not obligated to obey a ruling of the Economic Community of West African States, ECOWAS, Court that a former National Security Adviser, Sambo Dasuki, be released from the custody of the State Security Service, a presidential aide has said.
The ECOWAS Court, on October 4, had declared the continued detention of Mr. Dasuki unlawful, arbitrary and a violation of his right to liberty.
The former NSA is accused of misspending billions of dollars meant for procurement of arms for fight against Boko Haram. The government also accuses him of illegal possession of firearms.
Mr. Dasuki was arrested in December 2015, and has been in detention since then.
“It is advisory opinion,” President Muhammadu Buhari’s adviser on prosecution, Okoi Obla, said of the ECOWAS’ court ruling, in an exclusive interview with PREMIUM TIMES.
“The ECOWAS Court cannot enforce opinion. The government is not obligated to obey the ruling of the ECOWAS Court.”
The ECOWAS Court was created pursuant to the Article 6 and Article 15 of the Revised Treaty of ECOWAS, the political-economic bloc of the West African countries.
Nigeria is a signatory to the Treaty which is “binding on the member states, the institutions of the community, individuals and corporate bodies,” as its Article 15(4) provides.


But Section 12(1) of the Nigerian Constitution says “No treaty between the Federation (Nigeria) and any other country shall have the force of law except to the extent to which any such treaty has been enacted by the National Assembly”.
The National Assembly has not domesticated the Revised Treaty and the Supplementary Protocol regarding the ECOWAS Court.
Regardless, analysts expect Nigeria to obey the ruling as an exemplary demonstration of its leadership position in the West African sub-region.
Mr. Obla cited countries he said had disregarded international law.
“Look at Israel; Israel has disregarded all international rulings. The so-called bastion of democracy, America, has flouted all judgements of the ICJ against America. They even refused to be signatory to the ICC treaty,” he said.
He said the “national interest” and “security” of the country “are the most important considerations”.
Asked if releasing Mr. Dasuki could threaten Nigeria’s security, he said, “Well he was a National Security Adviser. That’s a very powerful office; and he’s a Prince”.
Mr. Obla said “cumulatively”, Mr. Dasuki misappropriated $15 billion meant for procurement of arms to prosecute the war against Boko Haram terrorism in the North East.
He denied that Mr. Buhari was being vindictive and acting in contempt of court in the case of Mr. Dasuki.
“The president has not disobeyed any law regarding Dasuki. The first charge against Dasuki was unlawful possession of firearms. They brought application for his bail which was granted. As he was perfecting his bail conditions and before he was released, he was arrested for another offence. That’s it.
“If you are arrested for manslaughter, you asked for bail and the bail is granted. But as you are about to be released, the police come to say you are accused of killing another person two years ago, that has cancelled the first bail.
“There is no evidence that the federal government is in contempt of court,” he said.
He, however, said the government was “still studying the judgement”, echoing an earlier position of the Attorney General of the Federation, Abubakar Malami.




http://www.premiumtimesng.com/news/headlines/212838-nigeria-not-duty-bound-obey-ecowas-ruling-dasuki-buharis-aide.html

Nigeria Politics.

Gospel truth

sarrki:
Gospel truth

any gospel is always truth in the ears of a fanatic.
Stealing is a bailable offence according to our Constitution,
But Buhari is using his influence on judges to stop 'em from granting Dasuki bail,
Because of an old grudge.

What is my concern with Buhari since he has decided to be an international disgrace unto himself

Mr oblast,you think ,you are doing us? You are doing yourself

Oh so thhe ECOWAS court thinks that after stealing our $15 billion we will let him go just like that? Besides the nationally assembly is yet to domesticate the ECOWAS treaty. Dasuki remains in jail

This regime is giving us bad representations and negative publicity.

kropotkin2:
Oh so thhe ECOWAS court thinks that after stealing our $15 billion we will let him go just like that? Besides the nationally assembly is yet to domesticate the ECOWAS treaty. Dasuki remains in jail

where is the evidence he stole 15billion dollars..

Are you sick or just an infant born yesterday??...

Where did he keep the 15billion dollars

Mtsheew

bayelsaowei:
where is the evidence he stole 15billion dollars..

Are you sick or just an infant born yesterday??...

Where did he keep the 15billion dollars

Mtsheew

See stupid questions i beg. He is accused of misappropriating that money, he is in court defending himself against those charges, the FG has damming evidence against him and until the case is brought to a logical conclusion he cant be released, and neither can Nnamdi Kanu be too

kropotkin2:
See stupid questions i beg. He is accused of misappropriating that money, he is in court defending himself against those charges, the FG has damming evidence against him and until the case is brought to a logical conclusion he cant be released, and neither can Nnamdi Kanu be too

where is the evidence na??...I even think say you Don see the evidence. ..

Let justice prevail

bayelsaowei:
where is the evidence na??...I even think say you Don see the evidence. ..

Ask Google!

Well I'v known Buhari for always disobeying court orders. Even if the order is from the supreme court, he'll still disobey. All hail the tyrant.

But Section 12(1) of the Nigerian Constitution
says “No treaty between the Federation (Nigeria)
and any other country shall have the force of law
except to the extent to which any such treaty has
been enacted by the National Assembly”.

ECOWAS IS NOT A COUNTRY BUT AN ORGANIZATION THAT BRINGS ALL WEST AFRICAN COUNTRIES TOGETHER TO ACHIEVE COMMON GAOL ECONOMICALLY, SECURITY AND ALSO IN HUMAN RIGHTS ABUSES. OF WHICH NIGERIA IS A SIGNATORY TO.

WE KNOW THAT THE CONSTITUTION AND SOVEREIGNTY OF EVERY NATION IS SUPREME BUT WHEN IT HAS BEEN BREACHED OR VIOLATED BY A MEMBER NATION, ECOWAS AS A BODY HAS RIGHT TO SANCTION, FINE OR INVADE SUCH NATION. eg. PEACE KEEPING IN MALI, LIBERIA ETC.