TheCable

Femi Falana, human rights lawyer, says Sambo Dasuki, former National Security Adviser (NSA),ought to enjoy the bail which courts granted.

Dasuki is accused of diverting $2.1 billion meant for the procurement of arms to fight Boko Haram insurgents in the north east.

Adeniyi Ademola, a judge, had granted him bail in December, but the Department of State Services (DSS) refused to release him.

In a statement on Sunday, Falana said the detention of Dasuki without a court order could not be justified under the constitution and the African Charter on Human and Peoples Rights.

“With respect to the substantive relief, the ECOWAS Court held that the detention of Col. Dasuki without a court order could not be justified under the Nigerian Constitution and the African Charter on Human and Peoples Rights,” Falana said.

“Consequently, the court ordered the  release of the applicant and payment of N15m  damages to him as reparation for the infringement of his human rights.

“In reporting the judgment of the ECOWAS Court  the media conveyed the impression that that the federal government has been ordered to release the plaintiff unconditionally from further detention.

“Contrary to such misleading impression  the ECOWAS Court has not discharged and acquitted Col. Dasuki in respect of the criminal charges pending against him in the Nigerian courts.

“All that the court said was that the suspect be allowed to enjoy his human right to liberty within the context of the bail granted him by the trial courts.In particular, the federal government was berated for treating the orders of its own courts with contempt.”