ECOWAS Court Denies Jurisdiction In Dasuki’s Suit Against Nigerian Government For Rights Violation

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

Dasuki claimed that on October 4, 2016, the Court issued a judgement declaring his arrest and detention unlawful and a violation of his rights under the ACHPR and ICCPR.

He claimed that the Court ordered the release of his seized property and the payment of N15 million in damages.

He also claimed that the Respondent’s failure to comply with the ECOWAS Court of Justice’s judgement prompted him to seek its enforcement in court.

The Respondent denied the allegations and stated that the Applicant’s properties are the subject of ongoing criminal proceedings in Nigeria, which the Applicant did not mention. The Respondent claimed it had fulfilled its obligations and that the Court’s Chief Registrar had already issued a Writ of Execution, rendering the Applicant’s requested relief unnecessary.

In the judgement delivered by the Judge Rapporteur, Justice Sengu Mohamed Koroma, the Court ruled that it lacked jurisdiction to hear the application and dismissed it without cost.

In its decision, the Court stated that after thoroughly assessing the Court’s claims and constitutive texts, it lacks the competence to adjudicate the current claim.

As a result, the Court dismissed the application after directing the proper party to file a claim for failure to enforce its judgements under Community Law.

The panel consisted of Hon. Justice Edward Amoako Asante, presiding, and Hon. Justice Ricardo Claúdio Monteiro Gonçalves, member.