BREAKING NEWS, Judiciary
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AN Abuja high court has ordered for the immediate release of Nickolas Ashinzeh, a colonel and former aide to Sabo Dasuki, a retired colonel and former National Security Adviser, from a military facility, where he had been held since December.
Ashinzeh had approached the court to protest his prolonged detention by the Economic and Financial Crimes Commission, EFCC, the Nigerian Army and Tukur Buratai, chief of Army Staff, without trial since December 23, 2015.
He also prayed the court to order the respondents to pay him N500 million as damage, and also issue an apology for violation of his rights.
In his ruling, Yusuf Halilu, trial judge, ordered 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 respondents have not behaved like those living in a civilized society. They behaved like we are still in the military era. The EFCC’s motto is: Nobody is above the law; but they are acting as if they are above the law here,” Halilu said.
The judge also warned that 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,” Halilu said.
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.
Halilu also did not grant the prayers sought by the applicant that a perpetual injunction be issued to the three respondents.
“Perpetual injunction can only be granted after trial especially when an accused person has proved his case. If the EFCC has a case against the applicant they should take him to court,” he said.
— Mar 14, 2016 @ 17:45 GMT
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