ECOWAS Court Says It Lacks Jurisdiction in Former NSA Dasuki’s Suit Against Nigeria

The ECOWAS Court of Justice has declared that it lacks jurisdiction in case brought by Col.Sambo Dasuki (Retd) requesting it to compel Nigeria to comply with and implement the court’s earlier ruling against the country in a 2016 judgment on violation of rights.

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 N15 million in damages.

He also claimed that the Respondent’s failure to comply with the judgment of the ECOWAS Court of Justice has led him to seek for the enforcement of the same, before the court.

The Respondent had denied the allegations and asserted that the Applicant’s properties are involved in ongoing criminal proceedings in Nigeria, which the Applicant did not mention. The Respondent argued it has fulfilled its obligations and that the Court’s Chief Registrar has already issued a Writ of Execution, making the relief prayed for by the Applicant unnecessary.

In the judgment delivered by the judge Rapporteur, Justice Sengu Mohamed Koroma, the Court ruled that it lacks jurisdiction to entertain the application and dismissed the same without cost.

In its judgment, the Court noted that having thoroughly assessed the claims and constitutive texts of the Court it lacks 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 Hon. Justice Edward Amoako Asante, presiding, and Hon. Justice Ricardo Claúdio Monteiro Gonçalves, member.

Michael Olugbode in Abuja

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