DASUKI SUES DSS FOR ILLEGAL DETENTION, SEE WHAT HE’S ASKING FOR

Following his detention in the past six months over $2.1billion arms deals, a former National Security Adviser, Col. Sambo Dasuki, yesterday filed a N15billion suit against the Department of the State Security Service (DSS), the National Security Adviser (NSA), the Attorney-General of the Federation (AGF) and the Economic and Financial Crimes Commission (EFCC).

Also, the Dasuki family yesterday pleaded for bail for the ex-NSA, alleging that his health has deteriorated.

The ex-NSA initiated the latest action based on the enforcement of his fundamental human rights as enshrined in Section 46 of the 1999 Constitution.

The suit, which will be heard in the High Court of the Federal Capital Territory (FCT), is yet to be assigned to any judge.

But the Originating Motion was obtained exclusively yesterday by our correspondent.

Although Dasuki was able to meet all the bail conditions granted him by an FCT High Court on December 28, 2015, he was rearrested on December 29 and kept in the custody of the DSS and NSA.

It was, however, learnt that Dasuki is being detained based on “security reasons”.

A top source said: “Going by the sensitive nature of the office he had occupied in the past, the suspect is being kept in safe custody for security reasons.

“Also, the investigation into the arms deals and procurement contracts in the Armed Forces has not been concluded. Initially, it was $2.1billion, but recent findings have confirmed that the alleged fraud was over $15billion.

“I can assure you that Dasuki is being detained in what I can describe as a home away from home.

“He is allowed access to his family, medication and his health is not under any threat whatsoever.”

In his latest application before the court by his counsel, J.B. Daudu (SAN), Ahmed Raji (SAN) and seven others, Dasuki sought the following reliefs:

  • An order against the respondents jointly and/or severally for the enforcement of the applicant’s fundamental rights.
  • A declaration that the applicant 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 property as enshrined under the constitution of the Federal Republic of Nigeria, 1999 (as amended).
  • A declaration that the arrest and continuous detention of the applicant since the 29th day of December 2015, in the 1st and 2nd respondents’ custody by officers and men of the respondents, without allowing the applicant access to his medical personnel, members of his family, and without charging the applicant to any court of competent jurisdiction within the time permitted by law, is wrongful, unlawful, unconstitutional and violation of the applicant’s rights as enshrined in the constitution of the Federal Republic of Nigeria, 1999 (as amended).
  • An order of this honourable court compelling the respondents to release the applicant forthwith (conditionally or unconditionally)
  • An order of this honourable court compelling the respondents jointly and/or severally to tender a public apology to the applicant, to be published in two (2) national daily newspapers, for the violation of the applicant’s right as enshrined under the constitution of the Federal Republic of Nigeria, 1999 (as amended).
  • An order of this honourable court compelling the respondents jointly and/or severally to pay the applicant the sum of N15billion only as general damages and compensation for his illegal detention and incarceration in violation of his rights enshrined in the constitution of the Federal Republic of Nigeria,  1999 (as amended).
  • And such further order(s) as this honourable court may deem fit to make in the circumstances and in terms of the reliefs sought in the statement accompanying the affidavit in support of this application.

In an affidavit by Abubakar Dasuki, he said the continued detention of the over 60-year old ex-NSA has denied him an opportunity to attend to his “debilitating health.”

The affidavit reads: “Part of the efforts made by the applicant to secure his freedom was to file applications in three courts, complaining of the respondents’’ disobedience of court orders.

“I know as a fact that the three courts in separate rulings were of the view that the applicant should apply for the enforcement of his fundamental human rights, given the peculiar circumstances of the case. Now shown to me are the rulings of the Hon. Justice A. Ademola in charge No. FHC/ABJ/CR/319/15, the Ruling of the Hon. Justice Baba Yusuf in Charge No. FCT/HC/CR/43/2015 and the Ruling on Hon. Justice Peter Affen in Charge No. FCT/HC/CR/42/2015, attached and marked ‘Exhibit DASUKI 11a, 11b, 11c,’ respectively.

“The applicant’s family is seriously worried and troubled about the condition of the applicant’s detention and more worrisome is the fact that the applicant’s state of health has deteriorated significantly, the applicant having not been able to attend to his medical needs since 3rd November, 2015, when the order allowing him to so do was granted.

“The applicant’s family’s concern and apprehension became compounded recently when General Muhammadu Buhari (rtd), the President of the Federal Republic of Nigeria, in his maiden presidential media chat on the 30th day of December 2015, said that the applicant will not be released because, according to the president, the weight of crimes allegedly committed by the applicant against the Nigerian state are such that if the applicant is allowed to enjoy any form of freedom, he is likely to jump bail. Certified true copies of the newspaper reports of the said president’s statement are attached and marked ‘Exhibit DASUKI 12a – 12h’.

“The apprehension of the applicant and members of his family has been confirmed by President Buhari’s statement that the human rights of the applicant will continually be violated and that the order of the courts for the release of the applicant will not be honoured by the respondents.

“The applicant’s arrest, detention and continued detention is wrongful and arbitrary. It has inflicted physical, emotional and psychological torture on the applicant.

“I know that except this court comes to his rescue and protect him by ordering his immediate release, the applicant will continue to be subjected to humiliation, pain and health risks, which may cause his life to be exterminated.

“If the respondents and their agents are not restrained, the applicant’s rights to life, human dignity, personal liberty, privacy, family life, freedom of movement, and right to own properties, which have been impaired and violated by the respondents, will continue to be impaired and put in jeopardy.

“The applicant lives in fear everyday as he is kept by agents of the 1st and 2nd respondents, which said respondents consider him to be an enemy.

“The applicant is still being kept by the 1st and 2nd respondents in solitary confinement.

“The applicant’s detention has impaired his ability to perform his role as the head of his house i.e. provide for his family.”