– The court ordered the immediate release of the special assistant to the former national security adviser Sambo Dasuki
– The court, however did not grant the prayers sought by the applicant for N500 million damages and an apology from the respondents An Abuja High Court on Monday, March 14, issued a stern warning to the Economic and Financial Crimes Commission (EFCC) and the Nigeria army to operate within the ambit of law. In his ruling on the prolonged detention of an aide to the former national security adviser Sambo Dasuki, Nicholas Ashinze, Justice Yusuf Halilu said the EFCC, Nigeria army and all other security agencies must learn to operate within the ambit of all.
“The respondents have not behaved as if they live in a civilized society, they behaved like we are still in the military era,” Halilu said.
The judge continued: “They must learn to behave themselves and act within the basic provisions of the law.”
Citing Section 35 (1) of the 1999 Constitution as amended, Halilu said the detention of the applicant since December 23, 2015, is illegal, wrongful and a “blatant” violation of the fundamental human rights of Ashinze, a serving Nigeria army colonel. The judge also ordered the immediate release of the applicant on self-recognizance. “The EFCC’s motto is: Nobody is above the law; but they are acting as if they are above the law here,” Halilu said. He said the era of overzealous officers of the police and other security operatives who tend to violate the law can no longer be tolerated.
“The EFCC’s Act is not superior to the 1999 Constitution as amended,” he said. However, Halilu did not grant the prayers sought by the applicant to order a perpetual injunction on the three respondents. “Perpetual injunction can only be granted after trial especially when an accused person has proved his case. “If the EFCC has a case against the applicant they should take him to court,” he added. Also, Halilu refused to grant reliefs sought on damages and an apology from the respondents.
No comments:
Post a Comment