Court orders release of Dasuki's ex-aide
Mon Mar 14, 2016 01:23:pm National
3.1K By sosa hills
An FCT High Court has ordered the Economic and Financial Crimes Commission (EFCC) and the Nigerian Army to immediately release a former aide to the erstwhile National Security Adviser, NSA, Col. Sambo Dasuki (retd.),col. Nicholas Ashinze who has been in detention since December 23, 2015.
Justice Yusuf Haliru, "In a judgment on Monday, ordered that Ashinze be released on self-recognition being a serving military officer.
Yusuf stressed that, his detention for over three months without trial, was "illegal, wrongful, unlawful and constituted a blatant violation of the fundamental rights of the applicant". The court also ordered immediate release of documents and items the anti-graft agency seized from the house of the applicant.
The judge described the actions of the EFCC and the Army as "uncivilized" and "being above the law.""¨He however refused to grant the demand of N500 million damages, public apology and perpetual injunction against the EFCC.
Justice Yusuf Haliru further noted that, "The EFCC Act is not superior to the constitution of the Federal Republic of Nigeria. The respondents in this matter have not behaved as if we are in a civilised society.
They have behaved as if we are in a military dictatorship "where they arrest and release persons at will. " "The respondents, I must be bold to say- the EFCC and the Army- have behaved like illiterates", the Judge added.
Justice Haliru stressed that under section 36 of the 1999 constitution, as amended, an accused person is deemed innocent until his guilt is established. " "Why has the 1st respondent kept the applicant without bringing him to court? Why was the applicant, being a serving military officer who could be easily reached, not granted administrative bail? Or is it that the applicant has been found guilty and already serving his jail term?"
"Nobody should be subjected to the whims and caprices of the EFCC. The essence of the rule of law and constitutional provisions is to ensure a just balance between the ruler and the ruled, between the powerful and the weak.
"Though the EFCC has the responsibility to investigate financial crime, it must however conduct its operations in accordance with the rule of law. "The court is empowered to guard against i"mproper use of power by any member of the society or agency, EFCC inclusive." "The detention of the applicant, for all intent and purposes, is not just unfair but unfortunate", the court held.
Justice Yusuf Haliru, "In a judgment on Monday, ordered that Ashinze be released on self-recognition being a serving military officer.
Yusuf stressed that, his detention for over three months without trial, was "illegal, wrongful, unlawful and constituted a blatant violation of the fundamental rights of the applicant". The court also ordered immediate release of documents and items the anti-graft agency seized from the house of the applicant.
The judge described the actions of the EFCC and the Army as "uncivilized" and "being above the law.""¨He however refused to grant the demand of N500 million damages, public apology and perpetual injunction against the EFCC.
Justice Yusuf Haliru further noted that, "The EFCC Act is not superior to the constitution of the Federal Republic of Nigeria. The respondents in this matter have not behaved as if we are in a civilised society.
They have behaved as if we are in a military dictatorship "where they arrest and release persons at will. " "The respondents, I must be bold to say- the EFCC and the Army- have behaved like illiterates", the Judge added.
Justice Haliru stressed that under section 36 of the 1999 constitution, as amended, an accused person is deemed innocent until his guilt is established. " "Why has the 1st respondent kept the applicant without bringing him to court? Why was the applicant, being a serving military officer who could be easily reached, not granted administrative bail? Or is it that the applicant has been found guilty and already serving his jail term?"
"Nobody should be subjected to the whims and caprices of the EFCC. The essence of the rule of law and constitutional provisions is to ensure a just balance between the ruler and the ruled, between the powerful and the weak.
"Though the EFCC has the responsibility to investigate financial crime, it must however conduct its operations in accordance with the rule of law. "The court is empowered to guard against i"mproper use of power by any member of the society or agency, EFCC inclusive." "The detention of the applicant, for all intent and purposes, is not just unfair but unfortunate", the court held.
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