By Dipo Olowookere
The arrest and detention of former National Security Adviser, Mr Sambo Dasuki, has been declared unlawful and arbitrary.
This declaration was made on Tuesday by the Court of the Economic Community of West African States (ECOWAS).
The Nigerian government had detained Mr Dasuki since 2015 for an alleged diversion of $2.1 billion meant for the purchase of arms to fight terrorism in the north eastern part of the country in the immediate past administration.
Though a Nigerian court had granted Mr Dasuki bail, but the government rearrested him on November 4.
After being kept in detention for long, Mr Dasuki approached the ECOWAS Court to secure his release.
In its ruling on Tuesday, the three-member panel of the regional Court led by Justice Friday Nwoke held that the Nigerian government erred in arresting Mr Dasuki without a search warrant, which it said violates Section 28 of the Nigerian Police Act.
Justice Friday further held that Section 143 of the Administration of Criminal Justice Act (ACJA) allows that where such a search is proposed by the police or other authorities, an application must first be made to a court of law and granted after due consideration of the said application, in compliance with section 144 of the ACJA.
Meanwhile, the Nigerian government has been ordered to pay a sum of N15 million as damages to Mr Dasuki.
