The ECOWAS Court has rejected an application filed by former National Security Adviser, retired Col. Sambo Dasuki, seeking to compel Nigeria to enforce its judgment delivered in his favor on October 4, 2016.
In the judgment, the court had declared Dasuki’s arrest and detention by the Nigerian government as unlawful and a violation of his rights.
Justice Sengu Koroma, delivering the judgment in Abuja, dismissed Dasuki’s application on the grounds of lack of jurisdiction to entertain or enforce the earlier judgment. The court cited laid-down procedures regarding the enforcement of its judgments as outlined in the Community Law and identified the proper party to institute an enforcement failure claim.
The suit, marked ECW/CCJ/JUD/23/16, had Justice Friday Nwoke declaring the government’s actions against Dasuki as arbitrary, unlawful, and a mockery of democracy. The court further ruled that the government’s actions violated Dasuki’s rights under the African Charter of Human and People’s Rights and the International Convention on Civil and Political Rights.
The court ordered the release of all seized properties of Dasuki and awarded him damages of N15,000,000. However, the federal government failed to comply with and enforce the judgment, prompting Dasuki to file the application for enforcement before the court.
During the hearing, the federal government denied Dasuki’s allegations, stating that the properties in question were subjects of ongoing criminal proceedings, which Dasuki did not disclose in the suit. The government’s counsel argued that the court’s Chief Registrar had issued a Writ of Execution, making the relief prayed for by Dasuki unnecessary.
The panel, comprising Justice Edward Asante (presiding), Justice Sengu Koroma (Judge Rapporteur), and Justice Ricardo Claúdio Gonçalves (member), awarded no costs to either party in the suit.
