The ECOWAS Court of Justice has dismissed an application filed by former National Security Adviser Sambo Dasuki seeking an order to compel the Nigerian government to enforce its judgment delivered in his favor on October 4, 2016.
In that judgment, the court had declared Dasuki’s arrest and detention by the Nigerian government unlawful and a violation of his rights.
The judge rapporteur, Sengu Koroma, while delivering the judgment in Abuja on Dasuki’s application for enforcement, dismissed it on the grounds that the court lacked jurisdiction to entertain or enforce the earlier judgment.
Koroma stated that the court was guided by laid down procedures regarding the enforcement of its judgments as enshrined in the Community Law and the constitutive texts of the Court, and it lacks the competence to adjudicate the present claim.
Background
In December 2015, former National Security Adviser Sambo Dasuki was arrested by Nigeria’s State Security Service (SSS) after being accused of misappropriating $2.1 billion meant for the procurement of arms for the fight against Boko Haram insurgents.
He was subsequently charged with money laundering and other offenses related to the alleged misappropriation of funds.
Dasuki challenged his arrest and detention, filing a suit before the ECOWAS Court of Justice.
In October 2016, the court delivered a judgment in the suit marked ECW/CCJ/JUD/23/16, ruling in favor of Dasuki.
Judge Friday Nwoke declared the government’s action against Dasuki as arbitrary, unlawful, a mockery of democracy and the rule of law, and a violation of local and international rights to liberty.
The court held that the government’s action violated Dasuki’s rights under the African Charter of Human and People’s Rights (ACHPR) and the International Convention on Civil and Political Rights (ICCPR). It ordered the release of all seized properties and payment of N15 million in damages to Dasuki.
However, the Nigerian government failed to comply with and enforce the court’s judgment, which led to another application by Dasuki before the ECOWAS Court seeking an order to compel the government to enforce the earlier judgment delivered in his favor.
The government denied Dasuki’s allegations, arguing that the properties being claimed were subjects of ongoing criminal proceedings, which he did not disclose in the initial suit.
The government’s counsel further stated that it had already fulfilled its obligations, as the court’s chief registrar had issued a writ of execution, rendering Dasuki’s relief unnecessary.
Court’s Decision
The ECOWAS Court of Justice dismissed an application filed by former National Security Adviser Sambo Dasuki seeking an order to compel the Nigerian government to enforce its judgment delivered in his favor on October 4, 2016.
The judge rapporteur, Sengu Koroma, while delivering the judgment in Abuja on Dasuki’s application for enforcement, stated that the court lacked jurisdiction to entertain or enforce the earlier 2016 judgment.
Koroma explained that the court was guided by laid down procedures regarding the enforcement of its judgments as enshrined in the Community Law and the constitutive texts of the Court.
He said the court lacks the competence to adjudicate the present claim by Dasuki seeking enforcement of the 2016 judgment in his favor.
The court’s panel, comprising Edward Asante (presiding), Sengu Koroma (judge rapporteur), and Ricardo Cláudio Gonçalves (member), dismissed Dasuki’s application citing lack of jurisdiction to enforce the earlier ruling.
The panel awarded no costs to parties in the suit.
