The Federal Government on Wednesday gave reason why it did not immediately comply with the judgement of an ECOWAS Court to release a former National Security Adviser, Sambo Dasuki. The court on Tuesday gave judgement directing the release of Mr. Dasuki.
On Wednesday, the Attorney General of the Federation and Minister of Justice, Abubakar Malami, said the government needs to study the content of the ruling before acting on it.
Mr. Dasuki has been detained since last year for allegedly mismanaging billions of dollars meant for purchase of arms as well as for illegal possession of arms.
Salihu Isah, Special Adviser, Media and Publicity to Mr. Malami, gave PREMIUM TIMES the government’s stance in a telephone interview on Wednesday morning.
He said the government needed to fully understand the content of the court’s proceedings and judgement before reacting.
“We cannot just react. We will first of all study the judgement to understand its content before taking a stand,” he said.
LAWYERS REACT
Legal experts spoke with PREMIUM TIMES explaining the effects of obedience or disobedience of the orders by government on Nigeria’s image.
According to Samson Ameh, a Senior Advocate of Nigeria, the ECOWAS Court judgement is more like a policy, which is not enforceable. “ECOWAS court can entertain cases, but it has no infrastructures to enforce its judgements. It is the country from where the case came from that it would rely upon to enforce the said judgement,” the lawyer said.
“Any country has the right to enforce or fail to enforce the judgement. There are no side effects legally, except that the image of the country may be lowered. It is like a moral, rather than a legal responsibility,” he added
Another Senior Advocate, Akinolu Kehinde, added that the ECOWAS court had no powers to compel enforcement of its judgements.
“ECOWAS court does not have exit powers; it does not have the lead to compel enforcement of its judgements,” he said.
On Wednesday, the Attorney General of the Federation and Minister of Justice, Abubakar Malami, said the government needs to study the content of the ruling before acting on it.
Mr. Dasuki has been detained since last year for allegedly mismanaging billions of dollars meant for purchase of arms as well as for illegal possession of arms.
Salihu Isah, Special Adviser, Media and Publicity to Mr. Malami, gave PREMIUM TIMES the government’s stance in a telephone interview on Wednesday morning.
He said the government needed to fully understand the content of the court’s proceedings and judgement before reacting.
“We cannot just react. We will first of all study the judgement to understand its content before taking a stand,” he said.
LAWYERS REACT
Legal experts spoke with PREMIUM TIMES explaining the effects of obedience or disobedience of the orders by government on Nigeria’s image.
According to Samson Ameh, a Senior Advocate of Nigeria, the ECOWAS Court judgement is more like a policy, which is not enforceable. “ECOWAS court can entertain cases, but it has no infrastructures to enforce its judgements. It is the country from where the case came from that it would rely upon to enforce the said judgement,” the lawyer said.
“Any country has the right to enforce or fail to enforce the judgement. There are no side effects legally, except that the image of the country may be lowered. It is like a moral, rather than a legal responsibility,” he added
Another Senior Advocate, Akinolu Kehinde, added that the ECOWAS court had no powers to compel enforcement of its judgements.
“ECOWAS court does not have exit powers; it does not have the lead to compel enforcement of its judgements,” he said.
Source-Premium times
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