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DASUKIGATE: EX-NSA DRAGS BUHARI TO INTERNATIONAL COURT - Politics - Nairaland

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DASUKIGATE: EX-NSA DRAGS BUHARI TO INTERNATIONAL COURT by anytaij: 10:43am On Jan 24, 2016
Former National Security Adviser (NSA), Col. Mohammed Sambo Dasuki
(retd), has dragged the Federal Government before ECOWAS Court in
Abuja over his continued detention. He is also demanding payment of
N500 million damages for alleged rights infringement.
This is even as a Federal High Court in Abuja yesterday ordered the
government to produce him by February 16.
Dasuki is also urging the sub-regional court to order his release forthwith.
In the suit filed by his lawyer, Robert Emukpoeruo, the former NSA is
urging the court to declare among others, that his continued detention
in defiance of orders for his bail granted by three courts, and after
fulfilling the bail conditions, was "unlawful, arbitrary and an
egregious violation" of his human rights.
The applicant also urged the ECOWAS Court to hold that it was, "a most
egregious violation of the treaty obligations" signed by Nigeria under
and by virtue of its being a signatory to legal instruments, to have
unlawfully detained him under a "de-humanizing condition" after he had
been granted bail and met the conditions for his release.
Similarly, the former NSA would want the court to declare that the
alleged invasion of his privacy, home and correspondence at his Abuja
and Sokoto residences on July 16 and 17, 2015 and the "forceful and
unlawful seizure" of his properties, "without any lawful order or
warrant" constituted a gross violation of his fundamental rights and
offended the country's treaty obligations as a signatory to the listed
legal instruments.
Meanwhile, Justice Adeniyi Ademola of the Federal High Court, Abuja
yesterday ordered Dasuki be produced in court on February 16 following
his absence in court without any reason.
The judge said it was mandatory for a defendant in a criminal matter
to be physically present in court at every stage of the prosecution
except where the presence was an excuse.
Dasuki's counsel, Mr. Joseph Daudu (SAN), had also complained that his
client was abducted by security agents six weeks ago to an unknown
destination. He told Justice Ademola that since the ex-NSA was whisked
away, all efforts by his family and his lawyers to access him had been
scuttled.
Daudu recalled that in three different High Courts where Dasuki was
arraigned by the Federal Government, his client was admitted to bail,
regretting that till date, the government and its agents have refused
to allow Dasuki go on bail. He urged the judge to compel the Federal
Government and its agents to respect the court's decision, having
joined issues with the defendant in court.
Justice Ademola said: "I am worried that the accused is not here. I do
not want to set a bad precedent. Except the court gives express order
for the defendant not to be in court, the accused must be brought to
court from wherever he is. The accused must be here because I am not
sure if what I am doing right now in the absence of the accused is not
an illegality.
"Government and whoever is concerned must endeavour to do the
necessary thing. The accused having been formally charged in court,
must be produced in court for trial on the appointed days in
compliance with the provisions of the law," he said.
Earlier, counsel to the Federal Government, Mr. Dikpo Okpeseyi (SAN),
said he applied for withdrawal of an application he had filed, seeking
revocation of bail granted Dasuki on November 3 last year.
The judge consequently struck out the application and announced that
the ruling would be delivered on February 16 in a pending government
application, seeking secret trial of the former NSA.
The government arraigned Dasuki on charges of unlawful possession of
fire-arms, breach of trust and money laundering.
Meanwhile, Dasuki's trial has been fixed for February 16 and 17 before
Justice Ademola

SOURCE

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