Unlawful detention: Dasuki slams N15b suit against FG

Embattled former National Security Adviser (NSA), Colonel Mohammed Sambo Dasuki (rtd) has sued the federal government at the high court of the Federal Capital Territory Abuja over his continued detention by the Department of State Security Service (DSS).

 Dasuki who has been in custody since December last year is claiming N15b general damages and compensation for his alleged illegal detention and breaches of his fundamental human right to freedom of liberty and dignity of life.

 He claimed his incarceration is a violation of his rights as enshrined in the 1999 Constitution.

In the fresh suit, Dasuki is praying the court to order his immediate release from the claws of the federal government security agents either conditionally or unconditionally.

The suit, marked FCT/HC/ABJ/CV/2005/2016 and instituted on his behalf by his two lead counsel Messrs Joseph Daudu SAN and Ahmed Raji SAN, was brought pursuant to Order 11, Rule 1, 2 and 3 of the Fundamental Rights Enforcement Procedure Rule 2009.

Listed as defendants in the suit are the Department of State Security Service (DSSS), National Security Adviser (NSA), Attorney General of the Federation (AGF) and the Economic and Financial Crimes Commission (EFCC).

Dasuki  is also praying the court to compel defendants  to jointly and severally tender a public apology to him to be published in two national dailies for the violation of his rights.

Besides, Dasuki is seeking the court’s declaration that he is entitled to his rights to dignity of human person, personal liberty, fair hearing, freedom of movement, private and family life and to acquire and own properties as enshrined in the 1999 constitution.

He also wants the court to declare that his arrest and continuous detention since December 29, 2015 in the custody of the DSS and NSA by officers of the federal government without allowing him access to his medical personnel, members of his family and without charging him to court within the time prescribed by law is wrongful, unlawful, un-constitutional and a violation of his right granted by the country’s constitution.

In a 43-paragraph affidavit in support of the originating summon, Dasuki  acknowledged he is   a retired army officer, decent with no criminal record, lawfully resident in Nigeria and had served the country in various capacities. He averred that on July 16, 2015, the agents of the federal government unlawfully invaded his houses in Abuja and Sokoto and that during the invasion, his properties mainly cars and monies were unlawfully carted away.

The affidavit was deposed to by one of his sons, Abubakar Dasuki.  Dasuki claimed that he instituted action in protest against the unlawful invasion of his house and detention.

He claimed that it was upon the receipt of the court process that the federal government quickly charged him to court in charge number FHC/ABJ/CR/319/15 in September 2015 and that he was granted bail by the court.

Dasuki averred that upon his bail, he applied for court permission to travel abroad for medical attention and that the court granted him approval on November 3, 2015 but the following day, the security operatives in brazen defiance of the court permission, laid siege to his house and disallowed the trip.

He claimed that in spite of his life threatening ailment and persuasions, his house was kept under the siege during which he was not allowed to move out or receive any member of his family and visitors.

Dasuki said that on December 1 2015, the DSS operatives arrested him and that the following day, he was moved to EFCC custody from where he was on December 13 arraigned in an Abuja high court in the charge FCT/HC/CR/43/2015 where he was also admitted to bail. The applicant claimed that he was on December 15, 2015 arraigned in the third court in the charge FCT/HC/CR/42/2016 where he was also granted bail. Upon his release on bail at Kuje prison on December 29, 2015, Dasuki averred that he was re-arrested by the operatives of the DSS and had since been kept in solitary conferment, thereby impairing his ability to provide for his family.

The affidavit indicated that the concern and apprehension of his family became compounded when president Muhammadu Buhari in his maiden Presidential media chat of December 30, 2015 said that Dasuki will not be released because of the weight of charges against him and that he may likely jump bail.

The applicant claimed that unless the court comes to his rescue by protecting him and order his immediate release, his right to life, human dignity, personal liberty, privacy, family life, freedom of movement and right to own properties already impaired and violated by the defendants will continue to be impaired and put in jeopardy.

The matter has been assigned to Justice Peter Kekerekun who will hear it after vacation.