Dasuki: FG fails to defend N500m suit at ECOWAS court

Dasuki: FG fails to defend N500m suit at ECOWAS court

We’ll speak at the appropriate time –AGF’s aide

 

From Henry Chukwurah, Abuja

THE Federal Government has failed to put in a defence in the N500 million suit former National Security Adviser, Col. Mohammed Sambo Dasuki (retd), filed at the ECOWAS court in Abuja.

The Federal government did not file a reply to the origi­nating application, more than 30 days after it was served.

Instead, government, through the Office of the At­torney General of the Fed­eration (AGF), said it would respond to the issues raised by Dasuki “at the appropri­ate time.”

Dasuki had dragged gov­ernment before the sub-re­gional court in Abuja over his continued detention and alleged harassment despite orders by courts of compe­tent jurisdiction for his re­lease on bail.

In addition to urging the court to order his immediate release, the former NSA is demanding N500 million as, “compensatory damages” for alleged violation of his human rights as guaranteed by Nigeria’s constitution, the African Charter on Hu­man and Peoples’ Rights (Ratification and enforce­ment), Article 17 of the International Covenant on Civil and Political Rights and the Universal declara­tion of Human Rights.

Daily Sun investigation showed that Nigeria was expected to file a reply to Dasuki’s nine-point applica­tion within 30 days after the government was served.

Sources at the court con­firmed, however, that more than one week after the stip­ulated time which “techni­cally, expired on February 6, 2016,” government was yet to file its response to issues raised by Dasuki in the suit.

On the implication of the development, a legal prac­titioner, who declined to be named, told Daily Sun that Dasuki may demand that the ECOWAS court rules in his favour in the absence of a defence by the defendant.

When contacted, spokes­man for the Office of the At­torney General of the Fed­eration (AGF), Mr. Salisu Othman Isah, said: “Our po­sition is that we will respond at the appropriate time. We are still within time.”

Meanwhile, the matter has been fixed for March 16, 2016 for hearing.

In the suit with No ECW/ CCJ/APP/16 filed by his lawyer, Robert Emukpoe­ruo, Dasuki is urging the ECOWAS court to declare that his continued detention, in defiance of orders for his bail by courts of competent jurisdiction, and after fulfill­ing the bail conditions, was “unlawful, arbitrary and an egregious violation” of his human rights.

Also, he wants the court to hold that it was, “a most egregious violation of the treaty obligations” by Nige­ria under and by virtue of her being a signatory to listed legal instruments, to have unlawfully detained him af­ter he had been granted bail and met the conditions for his release.