Judge Orders Immediate Release of Dasuki's Aide, Blasts EFCC...Read Why

 

An Abuja High Court has ordered the Economic and Financial Crimes Commission to immediately release an aide to the former National Security Adviser, Nickolas Ashinzeh, from a military facility.

 

It would be recalled that Mr. Ashinzeh had been in detention without trial since December 23, 2015. He had approached the court to make claims that he has been unlawfully detained. Mr. Ashinzeh also prayed the court to order the respondents to pay N500 million as damage, and also issue an apology for violation of his rights.

 

In his ruling, the trial Judge, Yusuf Halilu, ordered Mr. Ashinzeh to be released with immediate effect, adding that the agencies responsible for the detention must learn to act within the provisions of law.

 

“The EFCC’s motto is: Nobody is above the law; but they are acting as if they are above the law here,” Mr. Halilu said.

 

He further said the era of overzealousness on the part of security officers would no longer be tolerated. 

 

“The EFCC Act is not superior to the 1999 Constitution as amended,” said Mr. Halilu.

 

Mr. Halilu noted that based on Section 35 (1) of the 1999 Constitution, the detention of the applicant since December 23, 2015, is illegal, wrongful and a “blatant” violation of his (Mr. Ashinzeh’s) fundamental rights.

 

He however did not grant the applicant’s prayer regarding payment of the sum of N500 million for damages as well as an apology from the respondents.

 

Mr. Halilu also did not grant the prayers sought by the applicant that a perpetual injunction be issued to the three respondents.

“If the EFCC has a case against the applicant they should take him to court,” he added.