A FEDERAL High Court in Abuja has fixed ruling for July 2 this year on a fundamental rights enforcement application filed by former National Security Adviser (NSA), Col. Sambo Dasuki (retd).
Justice Ijeoma Ojukwu chose the date on Monday after listening to arguments from lawyers representing parties.
The applicant’s lawyer, Ahmed Raji (SAN), argued that his client has been unlawfully held in the custody of the Department of State Services (DSS) for about three years.
He contended that despite a judgment by the Community Court of Economic Community of West African States (ECOWAS) ordering the immediate release of his client, the Nigerian state was unwilling to obey the decision.
Raji faulted the contention by the respondents to the effect that the suit was an abuse of court process.
He argued that this is the first and only fundamental rights enforcement suit filed by his client. He said the three criminal cases pending against the applicant were initiated by the state and not his client.
Raji added: “When bail was granted to the applicant and he was re-arrested, proceedings were initiated to prohibit the prosecution from further prosecuting the matter.
“This was fought up to the Supreme Court. The apex court gave its judgment on March 2 and said that the Economic and Financial Crimes (EFCC) is the one prosecution and since the DSS, which is detaining him is not the one prosecuting, we should then go after the DSS, which is why we are here.
“We went to international court, ECOWAS Court, they said its decision is only advisory and not binding.”
He prayed the court to grant his client’s prayers and restore his liberty.
Lawyer to the DSS and its Director General, Lawal Daura, O. J. Odu, urged the court to dismiss the application on the grounds that it was an abuse of court process.
He observed that Dasuki had filed similar applications in other courts of equal jurisdiction and had got favourable decisions, which he was yet to execute.
Odu argued that Dasuki should take steps to execute existing decisions already given in his favour rather filing a fresh suit with the intention of setting courts on collision course.
Solicitor General of the Federation (SGF) Dayo Apata, who represented the Attorney General of the Federation (AGF), argued in similar manner with Odu.
He added that Dasuki was being tried for allegedly diverting public funds and unlawfully possessing firearms.
Apata argued that where the security of the state is threatened, the freedom and liberty of individual citizen takes the back stage.
He urged the court to reject that application.