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Tag: Armsgate

  • Armsgate: Court remands Air Force chief, Omenyi, two others in Kuje prison

    Armsgate: Court remands Air Force chief, Omenyi, two others in Kuje prison

    Justice Nnamdi Dimgba of the Federal High Court, Abuja ordered yesterday that three men, including Air Vice Marshall Tony Omenyi (retired) be remanded in Kuje prison.

    Also to be kept in Kuje prison are an employee of  Diamond Bank Plc, Babatunde Faro, and Sada Adamu.

    The judge ordered their remand after they were arraigned by the Economic and Financial Crimes Commission (EFCC) on two separate charges.

    Omenyi and his company, Huzee Nigeria Limited, on a three-count charge of abuse of office and money laundering involving N136.325.000.00.

    Omenyi and his firm are being prosecuted for their  alleged roles in the diversion of funds meant for the purchase of arms by the military.

    Omenyi pleaded not guilty when the charge was read, following which his lawyer, Wahab Olatoye, urged the court to dismiss the claim of the prosecution, to the effect that he (prosecution lawyer) was ready for trial.

    Olatoye argued that he was yet to be served the statements of the defendants and the prosecution’s witnesses as recommended under the ‘Practice Direction Act, 2013’.

    He applied for his client’s bail orally, arguing that the defendant, under the law was presumed innocent until proved otherwise.

    In a brief ruling, the judge noted that all the necessary materials have been filed by the prosecution and adjourned to November 14 for the hearing of the defendant’s formal bail application.

    Faro and Admu were arraigned separately on a four-count charge of money laundering, false declaration of assets and fraud to the tune of $1million.

    Adamu was alleged to have made cash payment of the said sum being an amount exceeding the stipulated N5million threshold stipulated by law, to Faro.

    The offence is said to be punishable under Section 1(a) of the Money Laundering Act, 2011 as amended and punishable under Section 15(2)(b) of the same Act.

    The defendants pleaded not guilty to the charge, following which their lawyers, W. Y. Maman and W. T. Iorshe prayed the court to grant their clients bail pending trial.

    Justice Dimgba adjourned to November 14, 2016 for ruling on the bail application and ordered the accused persons to be remanded in Kuje prison.

  • Armsgate: Metuh opts for no-case submission

    Armsgate: Metuh opts for no-case submission

    Spokesman of the opposition Peoples Democratic Party (PDP), Olisa Metuh yesterday sought and obtained the leave of court to make a no-case submission in his trial before the Federal High Court, Abuja.

    By a no-case submission, Metuh will not be required, at this stage to lead evidence. He will argue that by the evidence led by the prosecution, no case has been made out against him and request the court to free him, to which the prosecution is required to file a response.

    The court is then required to deliver a ruling. Should the court upholds Metuh’s no-case submission, he will be let off the case. If the court rules against him, he will then, be required to conduct his defence by calling witnesses.

    Metuh and his firm, Destra Investment limited are being tried before the court on a seven-count charge of money laundering.

    He was accused of receiving, through his firm, N400m from the Office of the National Security Adviser (ONSA) under the administration of Goodluck Jonathan, without any evidence of contract executed.

    Metuh is also accused of making cash transaction of $2million, with funds believed to have been received during the PDP’s last delegate conference where Jonathan was nominated as the party’s sole candidate.

    The prosecution closed its case last week after calling witnesses to prove it’s case, following which the trial judge, Justice Okon Abang adjourned to February 18 for Metuh to open his defence.

    Yesterday, the prosecution effected some few clerical errors on the charge, following which Metuh was asked to plead afresh to the amended charge.

    When called upon later to open his defence, Metuh’s lawyer, Onyechi Ikpeazu (SAN) said his client was desirous of making a no-case-submission. He sought the judge’s guidance on whether to make the submission orally or in written form.

    ?”We most humbly pray that we be permitted to make a no-case submission,” he said

    Ikpeazu noted that the procedure was not clear under the Administration of Criminal Justice Act (ACJA), 2015, adding that “we acknowledge that this is a criminal trial and parties cannot on their own file written submissions. We have articulated our submissions of about 35 pages.”

    Lead prosecution lawyer, Sylvanus Tahir noted that it was within the right of the defence to make a no-case submission? at the end of the case of the prosecution.

    Tahir urged the judge to give a directive on how the defence should go proceed with the the no-case submission.

    Ruling?, Justice Abang noted the ACJA 2015 did not make provision for the filing of a written address in a criminal trial, but said the defence lawyer had the liberty to go about the no-case submission in whichever form he considered best for his client.

    He expressed his preference for a written submission by saying: “the option of a written address would save the judicial time of the court”.

    The judge added: LLeave is hereby granted to parties to file written addresses for and in opposition to the defendants’ no-case submission. The defendant shall file their written address today

    “Upon the filing and service, the pros shall file its response within three days from today. Upon service by the prosecution, the defendants shall have be at liberty to serve a reply on point of law.?”

    He adjourned to February 25 at 12 noon for the adoption of parties’ written addresses.

  • Armsgate: Metuh opts for no-case submission

    Armsgate: Metuh opts for no-case submission

    Spokesman of the opposition Peoples Democratic Party (PDP), Olisa Metuh Thursday sought and obtained the leave of court to make a no-case submission in his trial before the Federal High Court, Abuja.

    By a no-case submission, Metuh will not be required, at this stage to lead evidence.

    He will argue that by the evidence led by the prosecution, no case has been made out against him and request the court to free him, to which the prosecution is required to file a response.

    The court is then required to deliver a ruling.

    Should the court uphold Metuh’s no-case submission; he will be let off the case. If the court rules against him, he will then, be required to conduct his defence by calling witnesses.

    Metuh and his firm, Destra Investment limited are being tried before the court on a seven-count charge of money laundering.

    He was accused of receiving, through his firm, N400m from the Office of the National Security Adviser (ONSA) under the administration of Goodluck Jonathan, without any evidence of contract executed.

    Metuh is also accused of making cash transaction of $2million, with funds believed to have been received during the PDP’s last delegate conference where Jonathan was nominated as the party’s sole candidate.

    The prosecution closed its case last week after calling witnesses to prove its case, following which the trial judge, Justice Okon Abang adjourned to February 18 for Metuh to open his defence.

    Thursday, the prosecution effected some clerical errors on the charge, following which Metuh was asked to plead afresh to the amended charge.

    When called upon later to open his defence, Metuh’s lawyer, Onyechi Ikpeazu (SAN) said his client was desirous of making a no-case-submission. He sought the judge’s guidance on whether to make the submission orally or in written form.

    ‎”We most humbly pray that we be permitted to make a no-case submission,” he said

    Ikpeazu noted that the procedure was not clear under the Administration of Criminal Justice Act (ACJA), 2015, adding that “we acknowledge that this is a criminal trial and parties cannot on their own file written submissions. We have articulated our submissions of about 35 pages.”

    Lead prosecution lawyer, Sylvanus Tahir noted that it was within the right of the defence to make a no-case submission‎ at the end of the case of the prosecution.

    Tahir urged the judge to give a directive on how the defence should go proceed with the no-case submission.

    Ruling‎, Justice Abang noted the ACJA 2015 did not make provision for the filing of a written address in a criminal trial, but said the defence lawyer had the liberty to go about the no-case submission in whichever form he considered best for his client.

    He expressed his preference for a written submission by saying: “the option of a written address would save the judicial time of the court”.

    The judge added: Leave is hereby granted to parties to file written addresses for and in opposition to the defendants’ no-case submission. The defendant shall file their written address today

    “Upon the filing and service, the pros shall file its response within three days from today. Upon service by the prosecution, the defendants shall have be at liberty to serve a reply on point of law.‎”

    He adjourned to February 25 at 12 noon for the adoption of parties’ written addresses.

  • Armsgate: Late arrival of Dasuki stalls proceedings

    Armsgate: Late arrival of Dasuki stalls proceedings

    Proceedings were stalled Tuesday in the trial of former National Security Adviser (NSA), Mohammed Sambo Dasuki and others at the High Court of the federal Capital Territory (FCT), Abuja by the late production of Dasuki in court by the Department of State Services (DSS).

    Dasuki is being tried with a former Director of Finance and Administration in the Office of the NSA, Shuaibu Salisu, and a former Minister of State for Finance, Bashir Yuguda, a former Governor of Sokoto State, Attahiru Bafarawa, the ex-governor’s son, Sagir Attahiru, and a firm, Dalhatu Investment on a 22-count in which they were accused of looting about N13billion public funds.

    When the case was called Tuesday, the other defendants in the case were in court, except Dasuki. The judge also noted that other parties in the case were yet to respond to a fresh application by Dasuki, seeking to stop further proceedings in the case.

    Dasuki was later brought in by men of the DSS while the judge, Justice Peter Affen was in the process of adjourning the case.

    The judge proceeded to adjourn to February 9 to enable parties respond to Dasuki’s application.

    In his application, Dasuki wants the court to prohibit the Economic and Financial Crimes Commission  (EFCC) from prosecuting him on the ground that the EFCC could not continue with his trial have failed to earlier orders of the court made on December 21 last year, admitting him to bail.

    He filed a similar application in another charge pending against him and others before Justice Hussein Baba-Yusuf of the same FCT High Court.

    “An order prohibiting the complainant (prosecution) from further prosecuting the instant charge or any order charge against the second defendant (Dasuki), or seeking any form of indulgence before this honourable court in Nigeria, except and unless it complies with the order of this court made on December 21, 2015, the said order which remains valid for all intents and purposes, having not been set aside by any appellate court.

    “An order discharging the second defendant/applicant of all the offences contained in the instant charge, the said charge which cannot be lawfully prosecuted by the complainant who is in brazen disobedience of a subsisting ‎order of this honourable court made on December 21, 2015.”

    He also sought as alternative prayers, “A mandatory order directing the complainant who acts through the Department of State Services/EFCC and other enforcement agencies, to immediately produce the second defendant in court, by which this honourable court may give directives as it considers appropriate, for the administration of justice in accordance with the Administration of Criminal Justice Act, 2015.

    “An order staying further proceedings in this charge until the second defendant/applicant exhausts the remedies available to him him law for the enforcement of his right to liberty, the said right which had already been preserved by the order December 21, 2015.”

  • Armsgate and Jonathan’s silence

    Gradually, the monumental betrayal of trust, looting and financial recklessness in some dealings of the  immediate past administration is becoming clearer vindicating some Nigerians who consistently raised alarm that PDP-led federal government were only out for the selfish interests of their members. With unrestrained passion, the privileged men who had access to our common patrimony shared funds meant for the fight against insurgency that has left us in tears, pains and unforgettable memories.

    Though, no one has been convicted in the misappropriation of about N32 billion meant for procurement of arms involving the immediate past National Security Adviser, Sambo Dasuki andothers, with the rather incongruous, unfathomable and outright ridiculous revelations coming from saga, it is trite to say that a lot more may have happened. It is rather regrettable that at a time the nation was battling and is still battling with terrorism, funds meant for procurement of arms were being diverted to mundane, selfish, and the rather ridiculous purposes. At a time, when bloods were being spilled daily and properties destroyed in the land, some men who were entrusted in providing leadership were busy scheming on ways of benefitting from the ‘blood money’.

    On the battle front, soldiers were complaining that the insurgents had superior weapons; some persons had the impression that they were merely making excuses judging by the huge budgetary provisions for security. At the end, the soldiers were slammed with various charges and convicted for mutiny. The manner and purposes for which the funds were disbursed calls for serious concerns. The Office of the National Security Adviser has become so powerful and influential that any matter is considered a threat to the security of the nation. Save for latest moves, the soldiers would have been summarily executed.

    Besides, by the way these slush funds were disbursed clearly violates Public Procurement Act. With the allegations, it seemed that whoever was close to the office could come up with one proposal or the other and get his slice of the cake. The Economic and Financial Crimes Commission (EFCC) allege that Raymond Dokpesi, ex-while Chairman of Daar Communications got a hefty N2.1 ostensibly to convince Nigerians through media and publicity on the need to re-elect President Goodluck Jonathan. Nduka Obaigbena, publisher of Thisday newspapers collected N120 million for some newspapers for damage to their vehicles and newspapers by some security agents.

    We are told that about N10 billion were shared to PDP delegates during the last presidential primaries in which former President Goodluck Jonathan was unanimously chosen. Some funds were said to have been doled out to ‘spiritualists’, some to acquire choice properties. At the moment, the EFCC it was learnt is still investigating.

    In all these revelations, Sambo Dasuki seems to be at the centre of the scandal. But he has been quoted as saying that he couldn’t have released those funds without the approval of the big boss. Even if President Goodluck Jonathan’s name is not mentioned in the saga, it will still make sense that he comes out and tell Nigerians why under his supervision such monumental scandal occurred. Dasuki certainly worked under the president. It will be unthinkable that such disbursements were made without the authorization of the president. If at all this is the case, then certainly, there may have been more sordid deals.

    It defies any reasonable logic that Dr. Jonathan has remained studiously silent on the allegations. Could it be that he is taking his time to study the situation before coming out with explanations. Or could it be that he is waiting for invitation by the EFCC before he can be able to speak to the people especially his esteemed supporters who in their imaginations will think he cannot be party to such betrayal of trust?

    On the other hand, since some persons have been invited by the EFCC for clarifications on their roles in the scandal, will extending the invitation to Dr. Jonathan be against their operations? Some say that the EFCC may have to get clearance from President Muhammadu Buhari before such an action can be undertaken. If this is the case, then President Buhari’s courage will certainly be under watch.

    The sharing of the arms money is clearly a betrayal of trust and violation of human rights in a way. While the nation was earnestly seeking for an end to the massacre in the land, those entrusted in the onerous task of motivating our troops were busy devising means of diverting funds. Unfortunately, their ambition was to stay onto power for another four years. Perhaps, the change of government was timely to stop further acts of misdeeds.

    At a time when the government plans to borrow hugely to finance the 2016 budget, it is trite that some looted funds are recovered and used for developmental purposes. And President Jonathan needs to help out in the conclusion of this case.

     

    • Ibeku, public affairs commentator writes from Ibadan, Oyo State.

  • Armsgate, true face of terror

    SIR: Boko Haram was tagged the world most deadly terrorist group in 2014. According to the Global Terrorism Index, an annual report by the New York City-based Institute for Economics and Peace, Boko Haram killed more people- 6,644 in terror attacks in 2014 than any other terrorist group in the world. The Islamic State, ISIL, based in Syria and Iraq, follows closely behind, at 6,073 deaths through terrorism in 2014.

    Also, the highly respected Nigeria Security Tracker, compiled by the U.S.-based Council on Foreign Relations, found that over 6,000 people were killed in clashes between Boko Haram and Nigerian forces in 2014.

    From 2013 through 2014, the death toll from terrorism-related attacks climbed drastically in Nigeria, increasing by 300 percent. It was the largest increase in terrorist deaths ever recorded by any country.

    Regrettably, Nigeria is second of the five countries that suffer the bulk of terrorist acts in 2014. The rest are: Iraq, Afghanistan, Pakistan and Syria – accounting for 78 percent of all fatalities in 2014. Iraq bears the heaviest burden with 9,929 terrorist fatalities in 2014.

    Putting the consequences of this terror together, Boko Haram activities in the north eastern part of Nigeria have been reported to be responsible for death of about 13,000 people, damage to properties worth billions of naira and displacement of over three million Nigerians.

    However, what do you say about those that had the opportunity to stop this terror, those that were in charge of the administration when Boko Haram was unveiling its devilish acts; those that had all it takes to put an end to the insurgency before it escalated but blatantly refused to do so? How do you categorize such act? Isn’t it terror itself?

    The revelations so far from the on-going investigation of the arms procurement during the last administration have confirmed the hypothesis of so many – the lack of political will to defeat Boko Haram.

    Funds meant for arms procurement were shared among some political elites and fortunate folks close to the administration at a time innocent Nigerians were being killed by Boko Haram, school children abducted, properties damaged and millions displaced. There is no terror greater than this!

    Armsgate was the real terror indirectly behind the death of innocent Nigerians. It was the real terror responsible for the loss of lives of Nigerian gallant soldiers on the battle front against the Boko Haram insurgency. It was the real terror behind the abduction of our men, women and children and for the displacement of persons from their abodes.

    It is the world most deadly terrorist group in 2014 not Boko Haram.

     

    • Ogundana Michael Rotimi,

    michealtheboffin@yahoo.com

  • Armsgate: EFCC arrests ex-minister, Dasuki’s ex-finance chief, others

    Armsgate: EFCC arrests ex-minister, Dasuki’s ex-finance chief, others

    Ex-Governor Bafarawa’s son, ex-PDP chairman’s aide, 18 others also held

    SOME OF THE ALLEGATIONS

    • Ex-Minister Bashir Yuguda collected N1.5b from NSA’s office
    • Yuguda obtained   N1.275b from Stallion Group for 2015 campaign
    • Ex-Minister got N775m from the Office of the Accountant-General
    • Finance chief Shaibu Salisu allegedly furnished a kitchen with N28m
    • Sagir Bafarawa got $4.6billion from the NSA’s office
    • Abbah Mohammed and Haliru Mohammed got N600million
    • Ex-Sokoto State Governor Attahiru Bafarawa and ex-PDP National

      Chairman Haliru Mohammed under EFCC’s watch

    Economic and Financial Crimes Commission (EFCC) detectives yesterday arrested former Minister of State (Finance) Bashir Yuguda for allegedly receiving N1.5billion from the National Security Adviser’s (NSA’s) office for unclear reasons.

    Yuguda is also being interrogated for allegedly collecting N1.275billion from the Stallion Group during the campaign for the last general election and N775million from the Office of the Accountant-General of the Federation.

    Also arrested yesterday were Shaibu Salisu, a former Director of Finance and Administration  in the NSA’s office during the tenure of Mr. Sambo Dasuki, Sagir Bafarawa, Abbah Mohammed and Haliru Mohammed who are both the sons of ex-Governor Attahiru Bafarawa and ex-National Chairman of PDP, Mohammed Bello Haliru.

     

     

    Their fathers had been put on EFCC radar as at press time yesterday.

    Sagir Bafarawa, allegedly acting as front for his father, was said to have received $4.6b from the NSA’s office.  Abbah Mohammed reportedly got N600m in the name of Bam Properties.

    About 18 others were also under investigation last night, but the EFCC gave no details.

    It was learnt that among the 18 suspects were top military chiefs connected with the “armsgate”.

    A sources, who pleaded not to be named because of the “sensitivity” of the matter, said: “The EFCC  stepped up its investigation into the controversial arms deal by Dasuki, with the arrest of a former Minister of State for Finance, Bashir Yuguda. He was arrested in Abuja and brought to the Head Office of the commission at about 4pm.

    “He is being grilled for his alleged complicity in the armsgate. He allegedly received N1.5billion from the NSA’s office through an unnamed company for unclear reasons.

    “The ex-minister is alleged to have received N1.275billion from the Stallion Group during the campaign for the last general election. He also allegedly received N775million from the Office of Accountant-General of the Federation. All monies were paid to him between December 2014 and May 2015.

    “Also, a former National Chairman of PDP, Mohammed Bello Haliru and former Sokoto State Governor Attahiru Bafarawa are on the radar of the EFCC for alleged complicity in the dubious arms deals.

    “Their sons, Sagir Bafarawa and Abbah Mohammed Haliru Mohammed, have been arrested by the EFCC.

    “Another prime player in the arms deal , who is currently bring detained on court order by the EFCC is Shaibu Salisu.

    “Salisu, former Director of Finance and Admin in the NSA’s office and a member of the staff of the National Intelligence Agency(NIA) was joint signatory to the NSA’s account alongside Sambo Dasuki.  He is believed to be a major figure in the questionable disbursement of funds from the office.”

    EFCC spokesman Wilson Uwujaren said: “The ex-minister, the former Director of Finance, and other suspects are with us.

    “We have arrested them and investigation is ongoing.”

    There  were indications that some suspects had volunteered to refund some of the money paid to them for equipment, which were undelivered.

    The EFCC was last night awaiting a decision of the Federal High Court in Abuja on December 3 before arresting Dasuki, who has been under house arrest in the past few weeks.

    Another source in the anti-graft commission said:”Some of the suspects have indicated interest in refunding the illicit funds.

    ”We are awaiting the decision of a Federal High Court on December 3, 2015 before arresting Dasuki for interrogation. We have tried as much as possible to be civil and respect the judiciary.

    “We have invited Dasuki for interaction, we are still waiting for him – in line with our determination to employ international best practices and the rule of law. But there is a limit to which a suspect under investigation can take this commission for granted.”

    The Special Adviser on Media and Publicity to the President, Mr. Femi Adesina, on November 17, 2015 said the interim report uncovered fraudulent financial transactions.

    Adesina said in part: “”Further findings revealed that between March 2012 and March 2015, the erstwhile NSA, Lt.-Col. MS Dasuki (rtd) awarded fictitious and phantom contracts to the tune of N2,219,188,609.50,  $1,671,742,613.58 and €9,905,477.00.

    “The contracts, which were said to be for the purchase of four Alpha Jets, 12 helicopters, bombs and ammunition, which were not executed and the equipment were never supplied to the Nigerian Air Force, neither are they in its inventory.

    “Even more disturbing was the discovery that out of these figures, two companies were awarded contracts to the tune of N350,000,000.00, $1,661,670,469.71 and €9,905,477.00 alone. This was without prejudice to the consistent non-performance of the companies in the previous contracts awarded.

    “Additionally, it was discovered that the former NSA directed the Central Bank of Nigeria to transfer the sum of $132,050,486.97 and €9,905,473.55 to the accounts of Societe D’equipmente Internationaux in West Africa, United Kingdom and United States of America for un-ascertained purposes, without any contract documents to explain the transactions.

    “As part of the findings, the committee has analysed interventions from some organisations that provided funds to the Office of the National Security Adviser, Defence Headquarters, Army Headquarters, Navy Headquarters and Nigerian Air Force Headquarters, both in local and foreign currencies.

    “So far, the total extra budgetary interventions articulated by the committee is N643,817,955,885.18 while the foreign currency component is to the tune of $2,193,815,000.83.

    “It was observed that in spite of this huge financial intervention, very little was expended to support defence procurement.

    “The  committee also observed that of 513 contracts awarded at $8,356,525,184.32, N2,189,265,724,404.55 and €54,000.00, 53 were failed contracts amounting to $2,378,939,066.27 and N13,729,342,329.87 respectively.

    He said the committee said the amount of foreign currency spent on failed contracts was more than double the $1 billion loan that the National Assembly approved to buy equipment to curtail insurgency in the North-East,

    “The committee also discovered that payments to the tune of N3,850,000,000.00 were made to a single company by the former NSA without documented evidence of contractual agreements or fulfillment of tax obligations to the Federal Government of Nigeria” , Adesina added.