- As NJC confirms sack of Justice Yunusa over Oduah, Adenuga’s cases
Detained former National Security Adviser, NSA, Colonel Mohammed Sambo Dasuki (retd), has dragged the federal government before an Abuja High Court to formally challenge his incarceration without trial in the custody of the Department of the State Service, DSS, since December last year.
Dasuki in the fresh legal action, is praying the court to order his immediate release from the claws of the federal government security agents either conditionally or unconditionally.
The suit, marked FCT/HC/ABJ/CV/2005/2016, instituted on his behalf by his two lead counsels, Messrs Joseph Daudu, SAN, and Ahmed Raji, SAN, was brought pursuant to Order 11, Rule 1, 2 and 3 of the Fundamental Rights Enforcement Procedure Rule 2009.
Dasuki, who claimed that his fundamental right to freedom of liberty and dignity to life has been grossly violated by the federal government with his detention, prayed for an order of the court to compel the federal government to pay him N15 billion as general damages and compensation for his alleged illegal detention and incarceration in violation of his rights as enshrined in the 1999 Constitution.
He also prayed the court to compel the defendants in the suit to jointly and severally tender a public apology to him to be published in two national dailies for the violation of his rights.
Defendants in the court action are the Department of State Security Service, DSS, National Security Adviser, NSA, Attorney General of the Federation, AGF, and the Economic and Financial Crimes Commission, EFCC. Besides, Dasuki sought court declaration that he was 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 properties as enshrined in the 1999 constitution.
Dasuki also wants the court to declare that his arrest and continuous detention since December 29, 2015, in the custody of the DSS and NSA by officers of the federal government, without allowing him access to his medical personnel, members of his family and without charging him to court within the time prescribed by law, was wrongful, unlawful, unconstitutional and a violation of his right granted by the country’s constitution.
In a 43 paragraph affidavit in support of the originating summon, the applicant claimed to be a retired army officer, decent with no criminal record, lawfully resident in Nigeria and had served the country in various capacities.
He averred that on July 16, 2015, the agents of the Federal Government unlawfully invaded his houses in Abuja and Sokoto and that during the invasion, his property, mainly cars and monies, were unlawfully carted away.
In the meantime, the National Judicial Council has sacked two judges, Justice Mohammed Yunusa of the Federal High Court, Lagos Division, and Justice Olamide Oloyede of the High Court of Justice, Osun State, for alleged misconduct.
The two judges were suspended from office on July 15 during a meeting of the Council, led by the Chief Justice of Nigeria, Justice Mahmud Mohammed and recommended for compulsory retirement to President Muhammadu Buhari following allegations of abuse of office.
A statement from the NJC signed by its Director of communications, Soji Oye, said Mr. Yunusa was sacked for issuing illegal court orders restraining the office of the Attorney General of the Federation, the Economic and Financial Crimes Commission, and the Independent Corrupt Practices and other related offences Commission, from carrying out investigation into alleged financial misappropriation by public officers, including Senator Stella Oduah.
The statement said the council made the decision after investigating a petition by the Civil Society Network Against Corruption which informed it (the council) about the alleged abuse of office by Mr. Yunusa during his decision in cases involving Mrs. Oduah; Nigeria’s telecom mogul, Mike Adenuga; Executive Secretary of Nigerian Health Insurance Scheme, Martins Thomas; and three others — Jide Adelakun, Shamsudeen Abogu and John Adonimere.
According to the NJC, its findings revealed that Mr, Yunusa acted against rule 3 (1) of the Code of Conduct for official Judicial Officers when he claimed ignorance of the provisions of the Money Laundering Act by stopping the EFCC from carrying out investigation into alleged cases of financial misappropriation.
“That Hon. Justice Yunusa’s decision restraining the anti-graft agencies from carrying out their statutory functions in the first six cases mentioned earlier is contrary to the Judgement of the Court of Appeal in A.G Anambra State Vs. UBA which His Lordship quoted but did not apply in his rulings,” the statement said.
The council’s decision for Mrs. Oloyede to retire is based on its findings that she failed to uphold the dignity of her office.
“The Hon. Judge failed to conduct herself in such a manner as to preserve the dignity of her office and impartiality and independence of the Judiciary when she wrote a petition against the Osun State governor and his deputy to the members of the State House of Assembly and circulated same to 36 persons and organizations.
“The Petition was said to contain political statements, unsubstantiated allegations and accusations aimed at deriding, demeaning and undermining the Government of Osun State, the person and character of the Governor (as one who is cruel, a liar and a traitor), his deputy and aides.
“The petition contained statements calculated to incite the residents of Osun State against the State Government and its elected Officers. Hon. Justice Oloyede crossed the fundamental right of freedom of speech and created a negative perception of the Nigerian Judiciary to the Public,” the Council stated.
The allegations are contrary to Section 292 (1) (b) of the 1999 Constitution of the Federal Republic of Nigeria, as amended and Rules 1 (1) and Rule 5 of the 2016 Revised Code of Conduct for Judicial Officers of the Federal Republic of Nigeria.
The council said its decision to punish the judges was based on its powers, as enshrined by the 1999 constitution.
Vanguard with additional report from Upshot
