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Respect Court Order, Dasuki’s Family Tells Buhari
The family of former National Security Adviser (NSA), Col. Sambo Dasuki (rtd), who has been in detention since 2015, has asked the President Muhammadu Buhari led-Federal Government to respect several pending court rulings which granted their son bail.
The ex-NSA has been in the custody of Department of State Services (DSS).
Speaking to newsmen in Abuja, yesterday, the family members maintained that the President should consider the latest Appeal Court’s ‘landmark’ judgement, having disobeyed previous judgements.
“We are anxiously waiting for President Buhari’s government to obey the latest order of the Court of Appeal by releasing our breadwinner”, a member of the family said.
“So far, six different judges at the FCT High Courts, Federal High Courts as well as ECOWAS Court of Justice have ordered for the immediate release of Dasuki after perfecting the bail condition which were never obeyed.
“We pray that with the unanimous judgment of a panel of the Appeal for Dasuki’s immediate release, the government will obey the order coming from a higher court in the land.”
Meanwhile, a group of well-wishers and sympathizers have offered to stand as sureties for the erstwhile NSA in the latest court judgement at the Appeal Court.
This followed declaration by the Court of Appeal in Abuja that the detention of Dasuki was illegal, unlawful, unconstitutional, and ordered his release on conditional bail.
The appellate court held that the DSS and its director general acted outside their constitutional powers on the long period of the detention of a Nigerian citizen and imposed a fine of N5million on them to be paid to Dasuki as compensation for breach of his fundamental right.
In a unanimous judgment of a 3-man panel of Justices of the court led by Justice Tinuade Akomolafe-Wilson, the court held that the fundamental right of the ex-NSA had been brazenly and brutally breached by the prolonged detention without trial in any fresh charge or investigation contrary to the provisions of the 1999 Constitution.
In the lead judgment of Justice Akomolafe- Wilson, Dasuki was subsequently admitted to bail in the sum of N100million and two sureties in the like sum.
The judgment, endorsed by Justice Peter Olabisi Ige and Justice Emmanuel Akomaye Agim, was made public at the weekend.
It read: “The two sureties shall be serving public servants not below the status of level 16 officers in either state or public service of the Federal or any of its agencies and shall produce a valid documents of his or her status to the registrar of the federal high court in Abuja.
“Each surety must be resident within the jurisdiction of the high court and other physical address must be verified by the court registrar and shall also produce two recent passport size photographs in addition to deposing to affidavit of means.
“The sureties each shall furnish evidence of ownership of property in the Federal Capital Territory worth N100million”.
It would be recalled that a Federal High Court Judge, Ijeoma Ojukwu, had on July 2, 2018, admitted Dasuki to bail on conditions the NSA complained to be too harsh and stringent for him his family to perfect especially deposit of N100million to the high court registrar by his sureties before he can be released on bail.
The Appeal Court Justices, however, set aside the harsh and stringent bail conditions of the judge for being outlandish and replaced them with the fresh ones.
The court commended the findings of facts by the judge that Dasuki had been dehumanised by his prolonged detention but disagreed with her on the refusal to award damages as compensation to assuage the injuries inflicted on the ex-NSA.
“In my avowed view the learned trial judge misconceived the prayer of the appellant and erroneously interpreted relief 4 for bail as an alternative prayer to relief 7 for damages”, Justice Akomolafe- Wilson read.
“This error occasioned a miscarriage of Justice by the failure to award damages which is a natural consequence for the finding that the fundamental right of the appellant has been grossly violated; upon which the court heavily deprecated the action of the 1st and 2nd Respondents.
“The established principle of law as amplified in plethora of authorities is to the effect that award of damages must flow naturally once the court find that the fundamental right of an individual has been breached with legal justification. The compensation is automatic, and ought to be granted, even when the aggrieved party does not pray for compensation.
“The judiciary is the main institution charged with the responsibility for the protection and enforcement of human rights. The fundamental rights intentionally entrenched in our constitution must therefore be jealously guarded and protected through practical pronouncements of reliefs granted by the courts so as to assuage citizens whose fundamental rights have been violated.
“Under no guise or any circumstance whatsoever should the court shy away from the hallowed role. It is common knowledge that a threat to the right of one individual is a threat to the right of all. Democracy, which we value exceedingly in this country cannot be successful if respect for human rights and constitution is wobbling.
“The point I am putting across is that effective judicial protection of human rights is an indispensable component of order and good governance so as not to weaken the confidence of the people in seeking for judicial enforcements and remedies of their rights.
“I am conscious of the fact that the lower court heavily deprecated the act of the 1st and 2nd respondents for the unlawful continued detention of the appellant, especially where three courts, including the ECOWAS court had impugned their action of the violation of the appellant right.
“The respondents neither cross-appealed nor filled a respondent’s notice on this issue. The decision of the trial court on the finding that the appellant’s fundamental rights were unlawfully breached is therefore extant. I will therefore say no more on this point.
“I am conscious of the fact that the issue of bail, its grant and the fixing of terms are entirely at the discretion of the court. Such discretion must however be exercised judicially and judiciously. Each case must be determined on its own peculiar circumstances”.
Rivers State Governor, Sir Siminalayi Fubara, has said that peace has prevailed because he draws strength from God to resist insults and tantrums thrown at him while frustrating attempts by some disgruntled persons who wanted to plunge the State into unending crisis.
The Governor also said that because he has anchored his Government on promoting peace, the enabling atmosphere has been provided for investments and sustainable development to flourish.
Governor Fubara made the assertion when he received a delegation of members of the Bishops and Gospel Ministers’ Association International Incorporated, Rivers State Chapter, at Government House in Port Harcourt, yesterday.
Represented by the Head of Rivers State Civil Service, Dr George Nwaeke, Governor Fubara said while most people took his meekness for weakness, his stance on peace has unarguably enhanced harmonious atmosphere of concord as residents sleep with their two eyes closed, and investors and shareholders are happy with the returns on investment.
He said, “Before, what they hear of Rivers State is that they are fighting, and some genuine investors will not come. Some people even ask you: How are you coping in Rivers State?
“But now”, he asserted: “The Governor has brought about a lot of changes in the State. One of the most important things is that he has changed the negative narrative. It is no longer Rivers of blood. It is now Rivers of peace.
“We are enjoying our lives here. Why? Because there is a change in the narrative. We have peace. The Governor is, as much as possible, absorbing any level of insult at him only for one purpose: that Rivers State may have peace; that we may grow; that this state will experience genuine development.”
Governor Fubara urged them, as members of the Christian family in the State, to continue to pray for the State and the Government so that the enemies of the State will be put to greater shame.
“This peace is what I want you to embrace. Go and continue to pray, because when the sower of the seed went and sowed, the enemy went in the night and sowed tares inside there. But the Governor is sowing peace.
“When I listened to the leader of the team, His Grace Eddy Ogbonda, he said you came all the way from Eleme Junction, and stopped at major junctions, and you uttered prayers for the peace of Rivers State.”
He also said: “I, hereby want to thank you for identifying with the Governor at a time like this. At a time when it looks as if someone wants the Governor’s peace posture misunderstood as weakness.
“When someone has the strength to fight back, but refuses to fight back. That is a bigger strength; that power of restrain does not just come, it can only come from God.
“You cannot give peace, if you do not have peace within you. The Governor is not interested in any form of trouble or violence. What he is interested in is known, and it is: let there be peace in Rivers State,” he said.
In his address, leader of the group, Archbishop Eddy Ogbonda, said they had observed a week-long intensive prayers that culminated into a peace rally, which brought them to Government House, and assured the Governor that God will continue to give him victory over his adversaries while preserving Rivers State.
“It is Rivers State Prophetic Prayer Convocation and Rally 2024 with the theme: ‘Peace be still’. Of a truth, everyone of us understands that we live in a time when we need peace much more than any other thing.
“Rivers State needs peace. Everyone as individuals need peace. The country needs peace, and the world at large needs peace. So, we are here to do a peace march. We pray that God will command His peace to reign in Rivers State,” he said.
The Economic and Financial Crimes Commission (EFCC) has stated that hotels, schools, and other establishments that accept payments in dollars from their customers are at risk of facing arrest.
The Chairman of EFCC, Ola Olukoyede, said this in the agency’s publication called EFCC Alert on Monday, adding that action would be taken against individuals involved in the dollarisation of the economy.
According to him, the exception is if foreigners come in to transact business and the only means of transacting is their credit card and dollar but to charge local customers in dollars or other foreign currencies would no longer be allowed.
He said charging local activities and customers in dollars is against Nigeria’s constitution.
The EFCC chairman said, “Schools that charge Nigerians in dollar, supermarkets that trade in dollar, estate developers that sell their property in dollar, hotels that are invoicing in dollar, we are coming after you and we have made arrests in that area.
“Yes, if foreigners are coming in and the only means of transacting is their credit card, and dollar, why not? You will get that.
“But document it properly as against selling things within the system, local economy and you will be using dollar as the medium of exchange, it is illegal.
“Our law does not allow for that. And we have also affected some arrests.”
Rivers State Governor, Sir Siminalayi Fubara, has enjoined Muslim faithful to remain steadfast to the lessons learnt during the holy month of Ramadan.
Governor Fubara stated this in his message of felicitations to Muslims as they celebrate the 2024 Eid-el-Fitr Sallah, which marks the end of the one-month Ramadan fasting.
The Governor emphasised the importance for Muslims to also uphold the tenets of Islam by exhibiting the fear of God and showing piety in their daily work.
Governor Fubara said, “We must all continue in the good attributes imbibed during the holy month of Ramadan as directed by God through His Prophet, so as to ensure peace, unity and harmony in the society for a better future.”
While praying that the essence of the festival offers them happiness, peace and prosperity in all aspects of life, Governor Fubara said he recognises and appreciates the critical role that the Muslim community continues to play in the development of Rivers State, and indeed, Nigeria at large.
Governor Fubara charged them to remain unwavering and steadfast in their commitment and positive contributions to advance the development of the State and the country.
“I enjoin you all in the State to remain calm, be patient and continue to do what is right,” the Governor added.
He wished the Muslim faithful in the State and across the country a happy Eid-el-Fitr celebration.
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