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Tag: Col. Sambo Dasuki

  • Dasuki authorised payment of $40m to Jonathan’s cousin’s firm – witness

    Dasuki authorised payment of $40m to Jonathan’s cousin’s firm – witness

    A prosecution witness, Ibrahim Mahir, has said a former National Security Adviser, Col. Sambo Dasuki (rtd) authorized the payment of $40 million to a firm, One Plus Holdings.

    Mahir stated this when he testified in the trial of Azibaola Roberts, cousin to former President Goodluck Jonathan at the Federal High Court in Abuja.

    He said Dasuki instructed him to prepare a payment mandate of $40 million in favour of the company.

    Roberts and his wife Stella were arraigned on a seven-count charge of money laundering on June 8.

    Mahir, who was the first prosecution witness, told the court that Dasuki had endorsed a memo to him with details of the company’s account.

    “On August 20, 2014, the NSA endorsed a memo to me which originated from the director of finance and administration in the office of the NSA giving bank details of a company called One Plus.

    “The memo also gave details of the purpose for which the company was to be paid the sum of $40 million.

    “The NSA instructed me to prepare payment and my understanding of that was that I should prepare the payment mandate for One Plus for his signature.

    “After I got the memo, I prepared the payment mandate, sent it to him, he signed and sent it back to me.

    “The subsequent necessary action was for me to countersign, which I did and I sent it to the CBN for payment,’’ the News Agency of Nigeria (NAN) quoted the witness as saying to the court.

  • BREAKING: Court orders EFCC to release ex-Dasuki’s aide

    BREAKING: Court orders EFCC to release ex-Dasuki’s aide

    The High Court sitting in Abuja has ordered the Economic and Financial Crimes Commission (EFCC) to immediately release Col. Nicholas Ashinze, a former aide to the immediate past National Security Adviser (NSA), Col. Sambo Dasuki (rtd), who has been in detention since December 23, 2015.

    While delivering the ruling on Monday, ‎Justice Yusuf Haliru ordered the commission to release Ashinze on self-recognition and also release all the documents and items the anti-graft agency seized from the house of the applicant.

    In his ruling, the Judge held that detaining Ashinze for over three months without trial was “‎illegal, wrongful, unlawful and constituted a blatant violation of the fundamental rights of the applicant.”

    Berating EFCC and the Nigerian Army for acting as if Nigeria was still under the military ‎dictatorship, the judge stated that the constitution stipulated that any person detained should be charged to court within reasonable time not exceeding two months from the date of arrest.

    “The EFCC is a creation of the ‎law. The court will not allow it to act as if it is above the law. It is remarkable to note that the motto of the EFCC is that nobody is above the law, yet they are acting as if they are above the law.

    “The EFCC Act is not superior to the constitution of the Federal Republic of Nigeria. The respondents in this matter have not behaved as if we are in a civilised society. They have behaved as if we are in a military dictatorship ‎where they arrest and release persons at will.

    “The respondents, I must be bold to say – the EFCC and the Army- have behaved like illiterates,” Justice Haliru noted.

    In his verdict, the Judge quoting section 36 of the 1999 constitution, as amended maintained that an accused person is deemed innocent until his guilt is established.‎

    “Why has the 1st respondent kept the applicant without bringing him to court? Why was the applicant, being a serving military officer who could be easily reached, not granted administrative bail? Or is it that the applicant has been found guilty and already serving his jail term?‎

    “Nobody should be subjected to the whims and caprices of the EFCC. The essence of the rule of law and constitutional provisions is to ensure a just balance between the ruler and the ruled, between the powerful and the weak.

    “Though the EFCC has the responsibility to investigate financial crime, it must however conduct its operations in accordance with the rule of law.

    “The court is empowered to guard against improper use of power by any member of the society or agency, EFCC inclusive.‎

    “The detention of the applicant, for all intent and purposes, is not just unfair but unfortunate,” the judge ruled.

  • Court fixes Monday for judgment in Dasuki’s aide’s suit

    Court fixes Monday for judgment in Dasuki’s aide’s suit

    A High Court of the Federal Capital Territory (FCT) in Jabi has fixed judgment for Monday in a fundamental human rights enforcement suit filed by a former aide to the ex-National Security Adviser, Col. Sambo Dasuki, Col. Nicholas Ashinze.

    Ashinze who has been in detention since December 23 last year, is seeking an order releasing him on bail.

    He wants the court to direct the respondents to tender a public apology and pay him N500m as compensation for wrongful detention.

    Named 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 lawyer, 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.

    He urged the court to grant bail to his client on self-recognizance, particularly when none of the respondents filed any counter-affidavit to oppose the suit, stressing that the applicant is still as a serving Colonel in the Nigerian Army.

    Ozekhome said: “My lord, in law, the facts are deemed admitted for all purposes. In all the cases cited, the courts are clear that you do not need to force a person to file a counter-affidavit as all the facts averred by the applicant are deemed admitted, having not been contradicted with a counter affidavit”.

    He urged for an order directing the respondents to release him and his personal effects, documents as well as his other belongings, which he alleged were illegally seized from him without any warrant during his arrest.

    Alternatively, Ashinze wants an order granting him bail on self-recognizance, “or in the most liberal terms as the court may deem fit to impose in the peculiar circumstances of this case.”

    He was arrested and detained in connection with the ongoing investigation into alleged mismanagement of arms’ funds under the immediate past administration.

  • Dasuki’s ex-aide challenges detention by EFCC, Army

    Dasuki’s ex-aide challenges detention by EFCC, Army

    Colonel Nicholas Ashinze, a serving officer in the Nigerian Army and former Special Assistant to ex-National Security Adviser (NSA) Col Sambo Dasuki (rtd) has sued the Economic and Financial Crimes (EFCC) and the Nigerian Army ‎over his continued incarceration.

    Ashinze, in a fundamental rights enforcement suit filed by his lawyer, Mike Ozekhome (SAN), is challenging his detention for about 12 weeks without any charge preferred against him.

    The suit filed before the High Court of the Federal Capital Territory (FCT) also has the Chief of Army Staff, Lt. Gen. Tukur Buratai as respondent.

    Ashinze is praying the court to order EFCC and the Nigerian Army to release forthwith, his personal effects, documents and properties which were illegally, wrongfully and unlawfully seized from him without any warrant, during his arrest and continued detention since December 23, last year.

    Alternatively, he urged the court to issue an order granting him bail on self recognisance or in the most liberal terms as well as an order directing the respondents to tender a public apology and pay him adequate compensation for the blatant violation of his fundamental rights without following due process.

    Ashinze also wants the court to restrain the anti-graft agency and the Nigerian Army from further inviting, arresting or detaining him in their custody in relation to same frivolous allegations, which he knows nothing about.

  • Court to hear Dasuki’s application to halt trial February 4

    Court to hear Dasuki’s application to halt trial February 4

    A High Court of the Federal Capital Territory High Court in Maitama, Abuja has fixed February 4 for hearing of an application by former National Security Adviser (NSA), Sambo Dasuki with which he seeks to stay proceedings in his trial.

    ‎Dasuki is being tried with a former Director of Finance and Administration in the Office of the NSA, Shuaibu Salisu, a former Director of the Nigerian National Petroleum Corporation, Aminu Baba-Kusa and two others before the court on a 19-count charge in which he was accused of  diverting N32bn arms fund,

    Also named in the charge are two firms believed to be owned by Aminu-Kausa’s – Acacia Holdings Ltd and Reliance Referral Hospital Limited.

    Dasuki is, by the application, seeking to stay proceedings in the case, claiming that the prosecution was in contempt of court for allegedly disobeying an order made by the court, granting him bail.

    He is contending that the decision by the Department of State Services (DSS) to re-arrest him on December 29, 2015 shortly after he was released from prison upon fulfilling the bail conditions granted him by the court on December 18, amounted to contempt.

    Friday, Dasuki’s lawyer, Joseph Daudu (SAN) stressed the relevance of the application, which he said bordered on the integrity of the court and the ability of the former NSA to prepare adequately for his defence in the trial.

    “It is true that we filed an application in which we are contending that the complainant, shortly after the first defendant (Dasuki) was released on bail took him back to custody.

    “As far we are concerned, they (the prosecution) are in brazen breach of the court order,” Daudu said.

    He stated that Dasuki’s lawyers did not know where he was kept after he was re-arrested, a development, he claimed, has affected the ability to prepare for his defence.

    “We don’t know where he is kept. Apart from the fact that he looks leaner and thinner than when I last saw him, we have not been able to discuss with him in respect of his preparation for his defence.

    “It is like tying our hand and engaging us in a boxing match,” Daudu said.

    Earlier at the commencement of proceedings, lead prosecution lawyer, Rotimi Jacobs (SAN) indicated his intention to open the prosecution’s case.

    He said his witnesses were already in court and urged the court to direct that the trial should begin‎.

    Jacobs kicked against the hearing of Dasuki’s application, citing provisions of section 306 of the Administration of Criminal Justice (ACJ) Act 2015, which prohibits a court from entertaining any application for stay of proceedings.

    He equally cited Section 396 (1) to (3) of the ACJ Act, which stipulates that any any application challenging the competence of criminal charges could only be considered along with the substantive issues in the case and ruling on it delivered along with the judgment on the entire case.

    Former Attorney General of the Federation (AGF), Akin Olujinmi (SAN), Solomon Umoh (SAN) and Olawale Akoni (SAN) who are lwayers to other defendants in the case, equally objected to the commencement of trial.

    They said they were just served with additional prove of evidence by the prosecution, while some said they were yet to be served with the application by Dasuki.

    Jacobs, in responding, said: “The additional proof of evidence was with respect to somebody’s statement which we are not going to use ‎in this case. Mr. Akoni only wrote to me asking for the document this week. So it is unfair to say that I was setting booby-trap for the defence.”

    The trial judge, Justice Hussein Baba-Yusuf, in a ruling, elected to hear Dasuki’s application before proceeding to trial.

    He adjourned to February 4.

  • Court grants Dasuki, Salisu, Baba-Kusa bail

    Court grants Dasuki, Salisu, Baba-Kusa bail

    • Trial opens Jan 21

    A High Court of the Federal Capital Territory (FCT), Abuja has granted bail to former National Security Adviser, Colonel Sambo Dasuki and two others.

    The others are ex-Director of Finance and Administration in the office of the NSA, Shuaibu Salisu and former Director of the Nigerian National Petroleum Corporation (NNPC), Aminu Baba-Kusa.

    They were arraigned on December 14 before the court on a 19-count charge bordering on criminal diversion of funds preferred against them by the Economic and Financial Crimes Commission (EFCC).

    Friday, Justice Hussein Baba-Yusuf, in a ruling on their bail application, admitted each of them to bail at N250million and one surety at the same amount.

    The judge said the sureties must show evidence of owning a property in the Federal Capital Territory worth N250m.

    The judge further directed that the surety must be a Civil Servant not below the rank of a Director in the Federal Civil Service.

    The surety must also swear to an affidavit of means while the accused persons are expected to deposit their travel documents before the court in addition to informing the court whenever they need to travel outside the federal capital territory.

    The judge adjourned to January 21 next year for commencement of trial.

    Dasuki, Salisu, Baba-Kusa and two companies – Acacia Holdings Limited and Reliance Referral Hospital Limited were charged with conspiracy and criminal breach of trust under the Penal Code Act and the Economic and Financial Crimes Commission (Establsihment) Act.

    Dasuki and Salisu were accused of distributing funds held in the account of the NSA in the Central bank of Nigeria (CBN) to politicians, media practitioners and businessmen purportedly for political campaigns and organizing of prayer sessions.

    The duo was, in counts 5, 6, 7 and 8 accused of paying N2.2billion to Baba-Kusa through  the bank accounts of Acacia Holdings Limited and Reliance Referral Hospital Limited in Zenith Bank Plc.

    Dasuki, Salisu and former Special Assistant, Domestic Affairs to the President, Hon. Warimpamowei Dudafa (now at large) were, in count 1, said to have received N10billion, which they converted to $47m and 5.6m Euro, and claimed to have distributed to  the Peoples Democratic Party (PDP) presidential primary election delegates  around November 27, 2014.

    Dasuki and Salihu were, in count 2, said to have, between January 22 and March 19, 2015 “remitted N2, 120,000,000 into the account of DAAR Investment and Holding Company Limited   controlled by one Dr. Raymond Dokpesi for the funding of the media activities for the 2015 presidential election campaign for the Peoples Democratic Party (PDP).

    They were in counts 15, 16 and 17 accused of paying N670m “to the bank account of General Hydrocarbons Limited with Guaranty Trust Bank Plc controlled by one Obaigbena Nduka purporting the said sum to be payment for’ energy consulting’; “N250m to the bank account of Tony Anenih with First Bank of Nigeria Plc”; and “N345m to the bank account of Starbriid Limited with Stanbic IBTC Bank and Guaranty Trust Bank controlled by one Emmanuel Lawani on behalf of Senator Iyordhia Ayu for the construction of shopping mall at Jabi, Abuja.

    Baba-Kusa, Acacia Holdings and Reliance Referral Hospital were charged in counts 9, 10, 11 and 12 for receiving funds from Dasuki and Salihu which they knew to be proceeds of criminal conduct.

    The accused persons pleaded not guilty to the charge when it was read to them.

  • Ex-CSO, Dasuki set to be arraigned

    Ex-CSO, Dasuki set to be arraigned

    Baring any unforeseen hindrances, former National Security Adviser (NSA), Sambo Dasuki will be arraigned Tuesday before a Federal High Court in Abuja.

    It was learnt Sunday evening that Dasuki will be arraigned on offences relating to illegal gun possession before Justice Adeniyi Ademola, who currently sits as the court’s vacation judge.

    The Department of State Services (DSS) had recently announced that it had filed a charge against Dasuki following the search it conducted in the ex-NSA’s home in Abuja and his home state.

    The DSS had, in a statement by its spokesperson, Tony Opuiyo stated that after searching Dasuki’s houses on July 16, 2015, its men discovered large cache of arms and ammunition and has subsequently charged him to court.

    It added that the search was necessitated by credible intelligence which linked him to acts capable of undermining national security.

    “The search operation led to the recovery of large cache of arms and ammunition among other things and for which further investigation was conducted.

    “Consequently, on Monday 24th August, 2015, he was charged to court based on evidence so far obtained, but which relates to possession of fire arms without license,” Opuiyo stated.

    He noted that the crime is punishable under section 27(i) (a)(i) of the Firearms Act Cap F28 LFN 2004.

  • Dasuki charged with illegal arms possession

    Dasuki charged with illegal arms possession

    •‘Ex-NSA held firearms without licence’

    The immediate past National Security Adviser (NSA), Col. Sambo Dasuki, was on Monday charged to court by the Department of State Services (DSS).

    A statement yesterday by the Acting spokesman of the DSS, Tony Opuiyo, said Dasuki was charged to court based on evidence relating to possession of firearms without licence.

    According to the statement, the offence is punishable under Section 27(i) (a) (i) of the Firearms Act Cap F28LFN 2004.

    “This is in line with democratic practice and our avowed commitment to the rule of law, in which nobody is deemed to be above the law, no matter how highly placed in the society.

    “Accordingly, the general public will be duly informed as the matter progresses”, the statement added.

    The DSS on July 16, carried out a search on property belonging to Dasuki in Abuja and Sokoto.

    The search followed what the DSS described as credible intelligence linking the ex-NSA to acts capable of undermining national security.

    “The search led to the recovery of large cache of arms and ammunition among other things and for which further investigation was conducted”, the DSS said.

     

  • Elections must hold, says Ohanaeze Ndigbo

    Elections must hold, says Ohanaeze Ndigbo

    •Attacks NSA 

    The apex Igbo socio-cultural organisation, Ohanaeze Ndigbo, said yesterday that the National Security Adviser (NSA), Col. Sambo Dasuki (rtd.), had no power to call for the postponement of the February elections.

    It said the call was not in the interest of the country, adding that elections must be conducted.

    The group spoke in Awka, the Anambra State capital, after a one-day emergency meeting by the presidents of Ohanaeze Ndigbo in seven Igbo- speaking states, namely Abia, Anambra, Ebonyi, Enugu, Delta, Imo and Rivers.

    In a communiqué, the body cautioned former Aviation Minister and elder statesman Chief Mbazulike Amechi to refrain from his utterances or be sanctioned.

    The statement was signed by Elder Chris Eluemunoh (Anambra and leader of the group), Chief Emmanuel Okparanta (Abia), Elder Ifeanyichukwu Onwukamike (Delta), Pius Nwankwo (Ebonyi), Chief Eric Ebeh (Enugu), Dr. Ezechi Chukwu (Imo) and Prince Igo Okparamma (Rivers).

    Ohanaeze Ndigbo confirmed that there was misunderstanding in the group, caused by those it called dissidents, who are after selfish interests.

    It said: “This is not a period to create problems in Igbo land, but a time to proffer solutions to Ndigbo’s problems.”

    Amechi had called for an election in Ohanaeze Ndigbo, because according to him, the tenure of the present leadership, led by Chief Enwo Igariwey, had ended.

    But the body’s presidents’ forum led by Elder Eluemunoh said under the reviewed constitution, the tenure of the present  leadership was four years.

    Ohanaeze Ndigbo condemned the attacks on President Goodluck Jonathan in Katsina and Bauchi states. It said violence during election period would not be welcomed.

  • Dasuki, Oritsejafor to monarchs: work for peace

    Dasuki, Oritsejafor to monarchs: work for peace

    The National Security Adviser(NSA), Col. Sambo Dasuki (rtd), has urged traditional rulers in the North to work for peaceful co-existence in their domains.

    He said the attainment of harmonious relationships in restive communities rested on their commitment and efforts.

    Dasuki spoke yesterday in Abuja at a session with Northern Christian traditional rulers at a parley organised by the Northern States Christian Elders Forum (NOSCEF).

    Decrying the activities of Boko Haram sect in the Northeast, Dasuki assured that the Federal Government was leaving no stone unturned in arresting the unacceptable situation.

    He said: “Traditional rulers have a responsibility to be peace builders in their communities. While we work as a government on fighting insurgency, we urge you to help build consensus that will create peaceful coexistence.”

    The National President of the Christian Association of Nigeria(CAN), Pastor Ayo Oritsejafor, regretted that some politicians were feeding on the terror war for selfish gains.

    According to him, the greatest war the nation was fighting was not terror but insincerity.

    Oritsejafor said: “Nigeria is fighting against truth. We hate the truth; we hide the truth and we fear the truth. It is so unfortunate.

    “Nigeria is not free because we are running away from the truth. The truth can be bitter, but when you swallow it, when it gets inside, it could become sweet.”

    The cleric argued that the insurgency war was escalating because most Nigerians are pretenders.

    “We are like ostriches; we are a nation of pretenders. We run away from the truth and we want to believe that somehow our troubles would just vanish. But it never happened that way, because the truth has a way of creating a level-playing field for everybody,” Oritsejafor said.

    NOSCEF’s Chairman Olaiya Phillips said the Boko Haram insurgency was not based on Christians and Muslims dichotomy but an onslaught against the Nigerian entity.

    He said: “As we saw with the bomb attack on the Central Mosque in Kano recently, there are severe dangers to those who actively speak out against Boko Haram. Friends,  the challenges that face our community and country are huge.

    “Everyday, reports reach us from our members of new attacks by Boko Haram and their followers. Each week, a new town or village appears to be briefly occupied, pillaged and then deserted before the insurgents can be apprehended.”

    He added:  “Innocent civilians are murdered, families are torn apart and communities are expelled. Businesses, farms and churches are razed to the ground. Like a wild bush fire, Boko Haram has spread from town to town as they try to establish their vision of an ‘Islamic caliphate’.

    “No longer contained in the Northeast, their terrorist attacks occur all over the North. The reach of their flames seems to have no limit, even stretching as far as here in our capital.”

    Phillips urged the traditional rulers to become peace agents and ensure that their communities do not become theatres of war.