Trial opened yesterday in the case against former National Security Adviser Sambo Dasuki, with an operative of the Department of State Security Service (DSS), Samuel Ogbu confirming that the defendant admitted keeping arms and ammunitions in his private residence.
Ogbu said although one needs license from the appropriate quarters to keep arms, Dasuki failed to produce any license authorising him to keep the arms and ammunition recovered from his house.
Dasuki is facing charges for unlawful possession of firearms and ammunition, and money laundering before the Federal High Court, Abuja.
Ogbu, who is the first prosecution witness, told the court how the team he worked with interviewed Dasuki and obtained statement from him in the comfort of his home on July 17, 2015.
Led in evidence by Dipo Okpeseyi (SAN), Ogbu said a team of DSS investigators that searched the ex-NSA’s private home in Asokoro, Abuja, recovered five Tavor rifles, one Lugar rifle, one micro Uzi rifle, various categories of ammunition and cash in both local and foreign currencies.
He said Dasuki admitted, in his written statement, that the arms and ammunition belonged to the Office of the NSA and were for the use of his security detail. He said Dasuki added that the items would be returned at the end of the day, but failed to say when.
Ogbu, who said he has been in service at the DSS for 34 years, described the Tavor rifle as a controlled weapon, which is only assigned to trained and disciplined individuals because of its effect.
His words: “On the said date, July 17, 2015, I joined other investigators, who went to the private residence of the defendant. On arrival, he took us into his house and made a special choice where we were to conduct the interview.
“We set up our recording equipment, cautioned him and told him the interview would be recorded. Once he accepted that he should be interviewed, I informed him there were three areas the interview would cover – the arms and ammunition, the cash, and the vehicles recovered from his private residence.
“He went through the list of the items as contained in the search warrant. We began with the arms and ammunitions recovered. They were five Tavor rifles, one Lugar rifle, one Micro Uzi rifle and various categories of ammunitions.”
The witness said his team of interviewers was dispatched to Dasuki’s house based on the report the search team submitted to the service. He said before the interview, Dasuki’s private residence and his guest house at No 46 Mandela Street, Asokoro, were.
“The interview was recorded and he also made voluntary written statement. The recording was done with a movable recording device. An official, who has the knowledge, set the device for the recording and while he wrote his written statement, it was also recorded. I have a disk recording of the interview.
“After asking questions on the arms and ammunitions, we also interviewed him on the monies recovered from his residence. We also interviewed him on the various vehicles recovered from his private residence,” the witness added.
The statement the witness said he wrote and submitted to his office about his team’s mission in Dasuki’s house and Dasuki’s written statements were admitted in evidence as exhibits “DSS1” and “DSS2.”
When asked to describe the brand of riffle called Tavor, the witness said: “it is one of the most dangerous rifles; we have similar ones in the service (DSS). They were imported because of the works on terrorism. We discovered that the terrorists were using the usual rifles like AK47. So the government decided to import this so that we can have an edge over them.
“It is one of the most dangerous; a shot from this rifle can cause a stampede in the whole of Maitama; its impact is extremely devastating. You can have 100 or more rounds in two magazines of the rifle for a single assignment. The rapidity of discharging is fantabulous.
“Those who know it know that it is very, very efficient. You do not toy with it. In a second, it can discharge about 50 rounds. Before you use a Tavor, you must be well-trained and disciplined because of the danger it poses,” he said.
On when such weapons are issued out, the witness said: “It all depends on the kind of operation, for special operations. The weapons are kept in an armoury of the service and can only be issued with written permission. The issuing authority is the Director-General of the DSS.”
The witness said it is not to his knowledge that the weapon was ever issued to the defendant. He added that Tavor rifle cannot be issued to an individual that do not have the written permission of the DG.
“To the best of my knowledge, it cannot be imported by any individual lawfully.
It is only the Federal Government that can import this calibre of rifle. DSS cannot issue this kind of rifle to private security guard or mai-guard. If issued lawfully, it can be kept outside the armoury. But when not on assignment, it is kept safe in the armoury.
“To my knowledge, the DSS did not issue the defendant with Tavor rifles. To the best of my knowledge, I do not know if the defendant’s guards were issued Tavor rifles. It is illegal for a man issued with a Tavor rifle to give it to someone else to use.
“The second item is Lugar rifle. My service does not use this type of weapon, to the best of my knowledge. The third is Micro-Uzi. It is used in my service because of its efficacy. It is a controlled weapon. You have to be licensed or be in service to use the weapon. Item four constituted various categories of live ammunitions.
“The defendant did not show us any authority or license to carry any of these weapons. He also did not show us any license to store live ammunitions in his house.
The defendant confirmed to us that these arms and ammunitions were recovered in his house,” he said.
Under cross-examination by Dasuki’s lawyer, Ahmed Raji (SAN), Ogbu said the evidence he gave about the allocation of arms and how they were issue were mainly as it related to the DSS. He said for his 34 years, he had only served in DSS and not any other security agencies.
He said he would not know if any other agency issued Dasuki license to keep the arms and ammunition.
The witness was later given the statement by Dasuki and was asked to read the first sentence, from which he read where Dasuki said: “The Tavor rifle belong to the ONSA, and they are used by my security detail and will be returned at the end of the day.”
Ogbu said the search on the defendant’s property and the interview his (the witness’) team conducted, were all done when Dasuki was no longer the NSA.
When asked whether he knew that Dasuki’s house was searched barely 48 hours after he was sacked, the witness said: “All I know is that the ex-NSA was no longer in service when his house was searched. When you leave service, you hand over everything.”
He added that the searches in Dasuki houses were with search warrant. And that it was the practice by DSS that every search, particularly of high profile individuals, was always done with search warrant.
He said he know that the defendant is entitled to security after leaving office, but did not know the number of personnel he is entitled to.
Earlier, the trial judge, Justice Adeniyi Ademola refused an application by Dasuki for stay of proceedings pending the determination of a motion he filed before the Court of Appeal, Abuja for that purpose.
Justice Ademola rejected Raji’s argument that the ruling of the Supreme Court on November 12, 2015 in the appeal by Senate President, Bukola Saraki , which granted stay of proceedings in Saraki’s trial before the Code of Conduct Tribunal (CCT) was applicable to the Dasuki case.
The judge upheld the argument by Okpeseyi that by the provision of Section 306 of the Administration of Criminal Justice Act (ACJA) stay of proceedings was not allowed in criminal trial.
Trial resumes today.
