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.
Culled from: http://sunnewsonline.com/new/dasuki-fg-fails-to-defend-n500m-suit-at-ecowas-court/