The court also held that the further arrest of Mr. Dasuki by government on November 4, after he was granted bail by a court of law, amounts to a mockery of democracy and the rule of law.
Dasuki is facing multiple trials for alleged diversion of $2.1 billion meant for the purchase of arms in the immediate past administration. He is also accused of illegal possession of fire arms.
He approached the ECOWAS court after he was rearrested by members of Nigeria’s State Security Service shortly after meeting his bail conditions in November last year.
He has remained in the custody of the SSS since his arrest.
On Tuesday, a three-member panel led by Justice Friday Nwoke said Nigeria’s government was wrong in arresting Mr. Dasuki without a search warrant, adding that the pattern of arrest negates the provisions of Section 28 of the Nigerian Police Act.
According to the said section, a superior police officer may authorise the search of a resident belonging to a suspect assumed to be in illegal possession of an item, if the officer so authorised has a search warrant.