Col. Sambo Dasuki (rtd), the former National Security Adviser under the Ex-President Goodluck Jonathan’s administration, who has been under the custody of the Nigeria’s State Security Service since last year when he was rearrested in November, has been declared to be released from unlawful detention by the Court of the Economic Community of West African States.
The former NSA was rearrested on 4 November 2015, after three (3) different courts had granted him bail.
According to the ECOWAS Court, the Federal Government was wrong to continue detaining Dasuki over undisclosed offences.
Mr. Dasuki was accused of allegedly diverting $2.1billion meant for the purchase of arms and ammunitions to fight the Boko Haram terrorists and for illegal possession of fire arms.
However, the three-member panel led by Justice Friday Nwoke, in a unanimous judgment awarded N15million damages against the Federal Government and his immediate release including all properties seized from him.
According to the judges, Dasuki’s arrest was without a search warrant, adding that it contradicts the provision of Section 28 of the Nigerian Police Act.
The Court noted that Section 143 of the Administration of Criminal Justice Act (ACJA), allows an application to be made to a court of law following the proposed search by the police and after due consideration granted by the court in compliance with Section 144 of the ACJA.
However, the Nigerian Government stated that on that day, it came with a search warrant to Dasuki’s house, but could not present it to him, because officers at his house resisted the security operatives.
But the ECOWAS Court noted that the warrant presented before it by the Federal Government was not certified and lacks authenticity.
Consequently, the court stated that the Nigerian Government failed to provide substantial reasons for arresting and detaining the former NSA and faulted the search of his houses in Abuja and Sokoto without a valid search warrant.