The ECOWAS Court of Justice sitting in Abuja has declined a request by former National Security Adviser, Col. Sambo Dasuki (retd.), to enforce an October 4, 2016 judgment against the Federal Government in a suit marked ECW/CCJ/JUD/23/16.
In the judgment delivered by the Judge Rapporteur, Justice Sengu Mohamed Koroma, the ECOWAS Court ruled that it lacked jurisdiction to entertain the application and dismissed the same without cost.
Dasuki had alleged that he obtained a judgment from the Court on October 4, 2016, declaring his arrest and detention unlawful and a violation of his rights under the ACHPR and ICCPR.
He said that the court ordered the release of his seized properties and payment of N15m in damages.
He claimed that the Federal Government’s failure to comply with the judgment of the ECOWAS Court led him to seek enforcement.
However, the Federal Government denied the allegations and asserted that Dasuki’s properties were involved in ongoing criminal proceedings in Nigeria, which the applicant did not mention.
The Federal Government argued it had fulfilled its obligations and that the Court’s Chief Registrar had already issued a Writ of Execution, making Dasuki’s relief prayed for unnecessary.
In its judgment, the ECOWAS Court noted that having thoroughly assessed the claims and constitutive texts of the court it lacked the competence to adjudicate the present claim.
Consequently, the court dismissed the application after giving a directive as to the procedure for enforcement of its judgments as enshrined in the Community Law, and the proper party to bring a claim for failure of non-enforcement.
The panel included Justice Edward Amoako Asante, presiding, and Justice Ricardo Claúdio Monteiro Gonçalves, member.
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