Col. Nicholas Ashinze, a former Military Assistant to the former National Security Adviser, Col. Sambo Dasuki (retd) has won his case against continued detention.
This is as a Federal Capital Territory High Court, Abuja has ordered the Economic and Financial Crimes Commission (EFCC) and the Nigerian Army to immediately release the detained Colenel.
Ashinze is currently detained in an army facility in connection with the ongoing investigation into the arms purchase scandal.
Justice Yusuf Halilu, Monday morning, ordered that Ashinze be released on self-recognition being a serving military officer.
The Judge ruled that the arrest and detention of the applicant since December 23, 2015 is “unfortunate, illegal, wrongful, unlawful and violation of the applicant’s fundamental rights as contained in the Constitution and the Administration of Criminal Justice Act.”
The Judge described the actions of the EFCC and the Army as “uncivilized” and “being above the law.”
He however refused to grant the demand of N500 million damages, public apology and perpetual injunction against the EFCC.
Col. Ashinze has approached the court demamding N500m from the Economic and Financial Crimes Commission (EFCC) and the Nigerian Army, for unlawful detention.
In the suit filed through his counsel, Chief Mike Ozekhome (SAN), the Army Officer contested his detention for up to 12 weeks without any charge preferred against him, saying it was unlawful.
Col. Ashinze was first detained by the EFCC for eight weeks and released to the Army, which subsequently detained him, without any charge another four weeks in a military facility.
In the Notice of Application for an order enforcing his fundamental rights, which also has the Chief of Army Staff, Lt. Gen. Tukur Buratai was filed pursuant to Order 2 Rules (1), (2), (3), (4) and (5) of the Fundamental Rights (Enforcement Procedure) Rules, 2009 and Under the Inherent Jurisdiction of the High Court of the Federal Capital Territory.