A High Court of the Federal
Capital Territory at Jabi has
slated Monday for judgment
in a fundamental human rights
enforcement suit filed by Col
Nicholas Ashinze, a former
aide to the ex-National Security
Adviser, Col. Sambo Dasuki (rtd).
Ashinze, who has been in
detention since December 23,
2015, is seeking an order releasing
him on bail.
He equally beseeched the
court for an order directing the
respondents to tender a public
apology and pay him N500m
as compensation for wrongful
Cited as respondents in the suit
were the Economic and Financial
Crimes Commission, EFCC,
the Chief of Army Staff and the
Nigerian Army.
Ashinze through his counsel,
Chief Mike Ozekhome, SAN,
alleged that he had been in
custody of the respondents for no
verifiable reasons.
He urged the court to declare
that his arrest and continued
detention since December 23,
2015 “without being given any
reason and without granting him
administrative bail within 24
hours or 48 hours of his arrest and
detention, is illegal, wrongful,
unlawful and unconstitutional.”
Ozekhome argued that
the action of the respondents
against his client constituted
“a blatant violation” of the
Applicant’s fundamental rights
as enshrined in sections 34 (1),
35 (1), (3), (4) & (6), 36 (1), 37, 41
(1), 44 (1) and 46 (1) of the 1999
Constitution, as well as various
provisions of the Administration
of Criminal Justice Act and the
African Charter on Human and
Peoples’ Rights (Ratification and
Enforcement) Act, Cap A9, Laws
of the Federation of Nigeria, 2004.
Even though the respondents
shunned the suit, having failed
to send any legal representation,
Ozekhome, who noted that they
were duly served with the court
process, prayed Justice Yusuf
Haliru to grant his client’s reliefs.
Ozekhome urged the court
to grant bail to the detainee on
self-recognizance, especially in
view of the fact that none of the
respondents filed any counteraffidavit
to oppose the suit,
stressing that the applicant is
still as a serving Colonel in the
Nigerian Army.
Ashinze was arrested and
detained in connection with the
ongoing investigation into the
alleged mismanagement of arms’
funds under the immediate past

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