Buhari Breaks Down, As Court Delivers Final Judgment On Dasuki
Buhari Breaks Down, As Court Delivers Final Judgment On Dasuki
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There
are strong indications that President Muhammadu Buhari might have
broken down, following the judgment of the Economic Community of West
Africa State, ECOWAS, court against the Federal Government on Tuesday,
October 4.
The court had in its ruling, ordered the President Buhari-led Federal Government, to immediately release the former National Security Adviser, NSA, Colonel Sambo Dasuki from detention.
It could be recalled, that Dasuki has been long held in detention since 2015, for allegedly diverting and sharing funds meant for the purchase of arms to fight Boko Haram, among his cronies in the Peoples Democratic Party, PDP, during the 2015 Presidential ambition.
Recall also, that despite being granted bail, the Federal Government under ‘superior authorities’, has continued to detain Dasuki without any formal trial.
In a bid to seek redress, Dasuki had approached the ECOWAS court, praying the court to use its power to guarantee his fundamental right to bail, and fair hearing.
The regional court while delivering its judgment on the issue, noted that the detention of Dasuki, violated both national and international laws on the right of persons and citizens to freedom of liberty.
The judgment which was delivered by Justice Friday Chijioike Nwoke, imposed a fine of N150 million against Nigeria, as compensatory damages to the former NSA, for the deprivation of his freedom to liberty, and the deprivation of his properties.
According to the Judge, even if the applicant had committed a crime, the law still has it that due process of the law must be observed in his trial, adding that, it is an established fact that the applicant was put on trial in three different Nigeria High Courts, and was granted bails by both courts.
The court had in its ruling, ordered the President Buhari-led Federal Government, to immediately release the former National Security Adviser, NSA, Colonel Sambo Dasuki from detention.
It could be recalled, that Dasuki has been long held in detention since 2015, for allegedly diverting and sharing funds meant for the purchase of arms to fight Boko Haram, among his cronies in the Peoples Democratic Party, PDP, during the 2015 Presidential ambition.
Recall also, that despite being granted bail, the Federal Government under ‘superior authorities’, has continued to detain Dasuki without any formal trial.
In a bid to seek redress, Dasuki had approached the ECOWAS court, praying the court to use its power to guarantee his fundamental right to bail, and fair hearing.
The regional court while delivering its judgment on the issue, noted that the detention of Dasuki, violated both national and international laws on the right of persons and citizens to freedom of liberty.
The judgment which was delivered by Justice Friday Chijioike Nwoke, imposed a fine of N150 million against Nigeria, as compensatory damages to the former NSA, for the deprivation of his freedom to liberty, and the deprivation of his properties.
According to the Judge, even if the applicant had committed a crime, the law still has it that due process of the law must be observed in his trial, adding that, it is an established fact that the applicant was put on trial in three different Nigeria High Courts, and was granted bails by both courts.
The Judge 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 last year, makes mockery of the rule of law. 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 dis-entitle him to freedom of liberty… Courts must rise to their responsibilities, and prevent Executive lawlessness.
”It is the applicant today; it could be anybody tomorrow.
“There is no legal basis for the re-arrest of the applicant, other than to circumvent the bails granted by courts.
“We have no difficulty in coming to the conclusion that the purported search warrant claimed to have been obtained by the Nigerian government, was an afterthought aimed at perverting the cost of justice, because the so-called search warrant was not certified, and to worsen the case, the defendant claimed that it could not serve the same search warrant on the applicant.
”For the avoidance of doubt, anybody who commits crimes, must be put on trial before an appropriate court, but in doing so, the state must respect local and international laws in the prosecution of such persons.”
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