SAN FRANCISCO, July 15, (THEWILL) – The Court of Appeal in Abuja has declared the detention of former National Security Adviser (NSA), Colonel Sambo Dasuki, by the Department of State Security Service (DSS) as illegal, unlawful and 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 N5m on them to be paid to Colonel 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 Dasuki 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 N100m and two sureties in the like sum.
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 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 an affidavit of means.
The sureties each shall furnish evidence of ownership of property in the Federal Capital Territory worth N100m
The Court ordered that the DSS and its Director General should not detain Dasuki again and that whenever he is required on any allegation, it must be conducted within the working days and from 9am to 6pm for him to go home.
The court also ordered that the international passport of the ex NSA shall remain with the Deputy Chief Register of the high court for the time being.
