The Economic Community of West African States (ECOWAS) court dismissed a suit filed by former National Security Adviser (NSA), Col. Sambo Dasuki (retired), against the Nigerian government, on Monday.
Dasuki, who served under former President Goodluck Jonathan, had sought the court’s intervention to enforce a previous judgment in his favor.
Dasuki initially approached the Federal High Court in Abuja, claiming that his life was in danger and that he was being kept under house arrest by armed operatives of the Department of State Services (DSS).
He was arrested in 2015 on allegations of embezzling $2 billion and awarding fictitious contracts for military equipment. Dasuki denied these allegations.
Seeking justice, Dasuki filed a fundamental rights enforcement suit before the ECOWAS court, arguing that the DSS’s actions violated his rights to dignity and security.
He claimed the DSS operatives had besieged his house and prevented him from traveling abroad for medical treatment.
On October 4, 2016, the ECOWAS court ruled in Dasuki’s favor, ordering his release from what it termed “illegal custody.”Â
Justice Friday Nwoke, in a suit marked ECW/CCJ/JUD/23/16, declared the Nigerian government’s actions against Dasuki as arbitrary and unlawful.
The court also noted that these actions mocked democracy and the rule of law, violating both local and international rights to liberty.
The ECOWAS court held that Dasuki’s arrest and detention were unlawful, violating his rights under the African Charter on Human and Peoples’ Rights and the International Covenant on Civil and Political Rights.
Consequently, the court ordered the release of all Dasuki’s seized properties and awarded him N15,000,000 in damages.
However, the Nigerian government did not comply with this judgment. In response, Dasuki filed an application seeking enforcement of the court’s decision.
During the trial, the Nigerian government denied Dasuki’s allegations, stating that the properties he claimed were subject to ongoing criminal proceedings, which he had not disclosed in his suit.
The government’s counsel argued that the government had fulfilled its obligations and that the court’s Chief Registrar had issued a Writ of Execution, making further relief unnecessary.
On Monday, the ECOWAS court, through Judge Rapporteur Justice Sengu Koroma, dismissed Dasuki’s application.
The court ruled that it lacked jurisdiction to enforce its earlier judgment, citing laid down procedures in Community Law regarding the enforcement of its decisions.
The court concluded that it was not the proper authority to handle an enforcement failure claim.
Justice Koroma stated, “Having thoroughly assessed the claims and constitutive texts of the Court, it lacks the competence to adjudicate the present claim,” and awarded no costs to either Dasuki or the Nigerian government.
