Tag: Dasuki

  • Falana urges ICC to probe Dasuki, others

    Falana urges ICC to probe Dasuki, others

    Lagos lawyer Femi Falana (SAN)  has urged the International Criminal Court (ICC) to investigate alleged crimes of inhumanity against some former and serving military officers, including former National Security Adviser Col. Sambo Dasuki.

    The request is contained in a petition of January 19 to the Prosecutor of the ICC, Mrs Fatou Bensouda.

    Falana urged the ICC prosecutor toinvestigate the allegations of the diversion of the security fund of $2.1 billion and N643 billion earmarked  “by suspected perpetrators, with a view to determining whether these amount to crimes against humanity within the Court’s jurisdiction”.

    He urged the court to invite representatives of the Federal Government to provide written or oral testimony.

    The lawyer pleaded with the prosecutor to bring to justice those suspected to have deliberately underfunded the armed forces through widespread and systematic corruption.

    He urged the government to fulfil its obligations under the Rome Statute to cooperate with the ICC by complying with the requests to arrest and surrender suspected perpetrators of the  criminal diversion of security fund and provide other support to the ICC.

    The lawyer, whose firm represented a majority of the soldiers charged with mutiny, cowardly behaviour and sundry offences before the court-martial instituted by the former military authorities, said the only “offence” proved against the soldiers were that they had the temerity to demand weapons to fight Boko Haram.

    Falana alleged that the insurgents have killed about 25,000 soldiers and civilians.

  • Court fixes Feb 4 for hearing of Dasuki’s application to halt trial

    Court fixes Feb 4 for hearing of Dasuki’s application to halt trial

    High Court of the Federal Capital Territory 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.

    Yesterday, 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 had 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 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 lawyers 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.“

    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.

  • Alleged N13.5b arms scam: Lawyer’s absence stalls proceedings in Dasuki’s trial

    Alleged N13.5b arms scam: Lawyer’s absence stalls proceedings in Dasuki’s trial

    Proceedings were stalled yesterday in the N13.5 billion arms scam involving a former National Security Adviser (NSA), Col. Mohammed Sambo Dasuki (rtd) and five others at a High Court of the Federal Capital Territory (FCT) in Maitama, Abuja.

    Dasuki is being tried with a former Director of Finance and Administration, Office of the National Security Adviser, Shuaibu Salisu; a former General Manager, Nigeria National Petroleum Corporation (NNPC), Aminu Babakusa and two  companies – Acacia Holdings Limited and Reliance Referral Hospital Limited  – on a 19-count of money laundering and criminal breach of trust.

    At the mention of the case yesterday, prosecution lawyer Rotimi Jacobs (SAN) told the court that lawyer to Dasuki, Ahmed Raji (SAN), was absent and wrote, seeking adjournment of proceedings to the next today.

    Jacobs said: “Counsel to the first defendant wrote a letter to me, saying that he won’t attend today’s proceedings on the grounds that he will be appearing before an election petition tribunal in Lokoja, Kogi State.”

    Jacobs told the court why Dasuki was absent in court.

    He said: “When I inquired about the first defendant, I was told he is not in the custody of the EFCC (Economic and Financial Crimes Commission). On further enquiry, I was told that he is with the Department of State Services (DSS). We have, however, made moves to ensure that he is produced in court this morning. My Lord, they are bringing him to court this morning.”

    Responding, lawyers to the other defendants insisted that Dasuki must be produced before further proceedings.

    The lawyers, including Solomon Umoh (SAN), noted that since it was a criminal trial, the presence of the defendants was necessary.

    Justice Hussein Baba-Yusuf suspended proceedings for about an hour to enable the prosecution bringDasuki.

    When Dasuki was brought in around 11 am by DSS operatives, Jacobs urged the court to adjourn to the next day in view of the request of the ex-NSA .

    Justice Baba-Yusuf adjourned to today when the other defence lawyers did not object to Jacobs’ request.

  • Arms scam: Absence of Dasuki’s lawyer stalls proceedings

    Arms scam: Absence of Dasuki’s lawyer stalls proceedings

    Proceedings were stalled Thursday in the N13.5billion arms scam involving a former National Security Adviser (NSA), Mohammed Sambo Dasuki and five others before a High court of the Federal Capital Territory (FCT) in Maitama, Abuja.

    Dasuki is being tried with a former Director of Finance and Administration, Office of the National Security Adviser, Shuaibu Salisu, a former General Manager, Nigerian National Petroleum Corporation (NNPC), Aminu Babakusa and two  companies – Acacia Holdings Limited and Reliance Referral Hospital Limited  – on a 19-count charge  bordering on money laundering and criminal breach of trust.

    At the mention of the case Thursday, prosecution lawyer, Rotimi Jacobs (SAN), told the court that lawyer to Dasuki, Ahmed Raji (SAN) was absent and had written him, seeking the adjournment of proceedings to Friday.

    Jacobs said: ‘‘Counsel to the first defendant wrote a letter to me, saying that he won’t attend today’s proceedings on the grounds that he will be appearing before an election petition tribunal in Lokoja, Kogi State.”

    Jacobs told the court why Dasuki was equally absent in court.

    He said ‘‘when I inquired about the first defendant, I was told he is not in the custody of the EFCC (Economic and Financial Crimes Commission). On further enquiry, I was told that he is with the Department of State Services (DSS). We have, however, made moves to ensure that he is produced in court this morning. My Lord, they are bringing him to court this morning.’’

    Responding, lawyers to the other defendants in the case insisted that Dasuki must be produced before further proceedings could be conducted in the case. The lawyers, including Solomon Umoh (SAN) were of the view that since it was a criminal trial, the presence of all the defendants was necessary.

    Trial judge, Justice Hussein Baba-Yusuf later suspended proceedings for about an hour to enable the prosecution fetch Dasuki.

    When Dasuki was later brought in around 11.00am by DSS operatives, Jacobs urged the court to adjourn to the next day in view of the request of the ex-NSA.

    Justice Baba-Yusuf later adjourned to today when the other defence lawyers did not object to Jacobs’ request.

     

  • Produce Dasuki in court, says judge

    Produce Dasuki in court, says judge

    The Federal Government has been ordered to produce former National Security Adviser Mohammed Sambo Dasuki at the Federal High Court, Abuja, on February 16.

    Justice Adeniyi Ademola gave the order yesterday after Dasuki’s lawyer Joseph Daudu (SAN) complained that his client was not in court.

    The judge, who noted that it was customary that a defendant in a criminal case must be present in court, adjourned to February 16 for trial.

    Justice Ademola said he would deliver his ruling on the prosecution’s application for witness protection before proceeding to trial on February 16.

    Dasuki is on trial for charges of money laundering and illegal possession of firearms.

    Daudu claimed his client was abducted by security agents six weeks ago to an unknown destination. He said since Dasuki was taken away, efforts by his family and lawyers to have to access him had been scuttled.

    He noted that despite being granted bail by three high courts, he was yet to be refused or allowed to go on bail.

    Daudu urged the judge to compel the Federal Government and its agents to respect the court’s decision, having joined issues with the defendant in court.

    Justice Ademola said: “I am worried that the accused is not here. I do not want to set a bad precedent. Except the court gives express order for the defendant not to be in court, he must be brought to court from wherever he is.

    “The accused must be here because I am not sure if what I am doing right now in the absence of the accused is not an illegality. Government and whoever is concerned must endeavour to do the necessary thing.

    “The accused, having been formally charged in court, must be produced in court for trial on the appointed days in compliance with the law.

    Earlier, prosecution lawyer Dipo Okpeseyi applied for the withdrawal of an application he filed, seeking revocation of the bail granted Dasuki on November 3, last year.

    The judge consequently struck out the application and adjourned to February 16.

  • Court asks FG to produce Dasuki in court

    Court asks FG to produce Dasuki in court

    A Federal High Court, Abuja, on Wednesday asked the Federal Government to produce the former National Security Adviser (NSA), Sambo Dasuki, in court on February 16 to face criminal charges.

    Dasuki was absent in court when his trial for money laundering and illegal possession of firearms resumed on Wednesday.

    The development prompted Justice Adeniyi Ademola to order the federal government to produce the ex-NSA before the court at the next sitting.

    The judge adjourned the matter till February 16 for commencement of trial, stressing that Dasuki must be physically present in court to face criminal charges against him.

  • Dasuki  is not to blame

    Dasuki is not to blame

    On July 29, 1975, when the military regime of General Yakubu Gowon was overthrown, Nigerians trooped out on Lagos streets in their hundreds to boo the military governors of the then 12 states who were being taken to Dodan Barracks. They had fallen from grace to grass.  A day before, they were the envy of the same Nigerians condemning them after the coup and decrying their alleged corruption.  This tendency towards docility and complicity through silence in the face of corrupt impunity was portrayed by the master story teller, Chinua Achebe, in his novel, ‘A man of the people’.  At the end of the novel, a coup overthrows the civilian regime and the military take over amidst popular jubilation. The people, who had tolerated, encouraged and even benefitted from the venality of politicians like Chief Nanga suddenly became wiser after the fact. They now hypocritically condemned the gross corruption of the politicians and expressed support for the new regime.

    Has anything changed today as regards the passivity and unquestioning submissiveness on the part of majority of Nigerians to those in public office irrespective of the degree of malfeasance on the latter’s part? I do not think so. Long before now, there had been intimations of massive corruption perpetrated by top officials of the President Goodluck Jonathan administration. Nigerians, however, chose the path of silence and inaction. For instance, the former governor of Central Bank of Nigeria and now Emir of Kano, Sanusi Lamido Sanusi, had cried out loud that $20 billion due to the Federation Account was missing. The Jonathan administration was largely indifferent to the matter making only a few desultory motions without movement in response.  Nigerians kept mum.

    It was the same tameness and paralysis of the will to act by majority of Nigerians that was witnessed as regards the multi-billion Naira pension fund scandal, the atrocious fuel subsidy scam; the illegal procurement of two luxury BMW armoured cars for the then Minister of Aviation, Stella Oduah, or the obscene expenditure of over N10 billion to charter luxury private jets by a former super minister. There  was also the fiasco in which scores of unemployed youths either lost their lives or were wounded in an ill-organised recruitment exercise that saw over 400, 000 applicants who had  been charged N1000 each by a private consultant vying for less than 400 vacancies. In all these cases, there was thunderous quietness on the part of most Nigerians.

    How then would public officials not believe that they could get away with anything no matter how heinous? Why should anybody blame the former National Security Adviser (NSA), Colonel Sambo Dasuki, if he casually and cavalierly dished out largesse in hundreds of millions of Naira and dollars to top PDP chieftains? The truth is that Nigerians as a whole are more to blame for not sustaining and even strengthening in this dispensation, the kind of vibrant, vigorous and virile civil society that so effectively confronted and ultimately helped to terminate military autocracy. Unaccountable power will sooner or later corrupt the holder absolutely and this is true irrespective of the party in power. This is why it becomes more imperative than ever that our currently slumbering civil society be urgently resurrected to help hold any party in power to account and discourage the tendency to impunity by governments that perceive their people as passive and biddable.

    In any case, how many of those baying today for the blood of Dasuki and the PDP beneficiaries of his ample war chest would have resisted the temptation to do what he did if they were in the former NSA’s shoes? How many of us would, on ethical grounds, have rejected Dasuki’s bounteous largesse if offered?

    The point I am making was that also made by Sam Omatseye in his Monday column in this newspaper. The on-going anti-corruption war is still a one man show of the latest Sherriff in town.  There is as yet no anti-corruption mass movement. Most Nigerians simply do not see corruption as a crime. That is why the Abachas remain heroes in Kano today despite the hundreds of millions of dollars stolen from the nation’s coffers by the late dictator, General Sani Abacha. It is most likely that if Dasuki were to return home today, he would be given a rousing welcome reception.  I do not see any of those PDP chieftains indicted in the Dasukigate affair being denied by their people. It is only that since everything has now been exposed, they will be forced to spread part of the money round just a little bit.

    Indeed, there is even no guarantee that the trial of those currently indicted for corruption will make any headway because of the collusion between greedy senior advocates and judges who lack moral integrity. It is widely acknowledged that our legal system is laden through and through with corruption.   President Muhammadu Buhari, it appears to me, is severely on his own in this war.  We should, therefore, go beyond the current sensational preoccupation with Dasukigate to find out why corruption is so deeply rooted in our value system as a people and the way to reorient society to be less accommodating of corrupt behaviour.

     Interestingly, as observed decades ago by the distinguished political scientist, Professor Peter Ekeh, strict moral values are rigorously upheld when Nigerians are acting within the context of their traditional and native communities. When functioning within the purview of the post-colonial state, however, Nigerians – both leaders and the led- have no compunction whatsoever in brutally and mercilessly milking the Nigerian cow even in the most criminal of manners.  Why does the Nigerian state remain so alienated from the Nigerian people after over five decades of independence? The Buhari administration must confront the corruption menace not just at the level of recovering stolen funds and punishing treasury looters,  but also at the theoretical level of  investigating the root cause(s) of corruption as a first step towards conceptualising and implementing potent behavioural change strategies.

    Another key issue thrown up by Dasukigate is the question of funding political parties particularly during elections. Let us not kid ourselves. As things are today, every political party needs some degree of financial support from the governments they control both to survive on a day-to-day basis as well as effectively contest elections.  It is just that the PDP completely went overboard in a way that borders on sheer lunacy.  They did not take heed of Achebe’s admonition that the wise thief does not steal too much for the owner not to notice.  There is a limit to which wealthy party members can solely fund parties. To make matters worse, party members do not pay dues and so cannot claim ownership of the parties. And to compound issues, the electorate has over time become increasingly materialistic with a tendency to vote for the highest bidder. This was vividly demonstrated in the last Ekiti governorship election, where ‘stomach infrastructure’ was said to have played a key role in the outcome.

    There are, in my view, two ways to tackle this problem. One is to go back to the model of the Babangida regime in the ill-fated third republic.  At that time, the two officially sanctioned parties, the SDP and NRC, were funded by the state. Indeed, the government built party secretariats for them at all levels. They were thus able to function more efficiently and systematically while no party had a decisive financial advantage over the other.  Now that we have an emergent two-party system, that option should be seriously considered.

    Second is to return to the political culture that saw party members paying their dues and thus becoming the fiscal life line of the party. But in this austere economic clime, do rank and file party members have the means to engage in what they may consider a luxury? If they do, are they willing, do they trust the parties enough to invest their funds in them? If the parties can mobilise effectively enough to become mass movements, the amount each individual member pays as party dues will become negligible and less inconveniencing.

    Dr Tunji Olaopa on my mind

    It was shocking to see Dr Tunji Olaopa’s name among the Federal Permanent Secretaries recently retired from service. We were course mates at the University of Ibadan, where he obtained his first and second degrees in political science. He holds a doctorate in public administration from Obafemi Awolowo University (OAU),  Ile-Ife. Dr Olaopa was one of the most studious students in our days at UI. He was easily one of the most cerebral and accomplished Permanent Secretaries of the Federal Civil Service. He has published no less than five magisterial works on public administration in general and Nigeria’s public sector in particular and is easily the leading authority on public sector reforms in Nigeria today.

     Dr Olaopa would have been an outstanding Head of Service if his career had not been cut short by an arbitrary system with little regard for merit and talent. Those acquainted with his contributions to various newspapers will readily attest to the quality of his mind. He shone brightly in the written examination that qualified him to become a Permanent Secretary.  Surely a man like this can contribute so much in this season of change.  But then, with his qualifications; mental celerity, and character, fresh opportunities and challenges certainly beckon on Dr Olaopa.

  • Arms scam: Buhari orders probe of ex-service chiefs, others

    Arms scam: Buhari orders probe of ex-service chiefs, others

    Alex Badeh, M.D Umar, others to face EFCC

    President Muhammadu Buhari on Friday ordered the Economic and Financial Crimes Commission (EFCC) to investigate former service chiefs and other people connected to the arms purchases scandal in the administration of ex-President Goodluck Jonathan.

    The former National Security Adviser, Sambo Dasuki and several others have been fingered in the scam.

    A statement issued by the Senior Special Assistant on Media and Publicity to the President, Garba Shehu, said the President took the decision to investigate the former service chiefs based on the report of a Presidential audit committee which indicted the ex- military top brass.

    Some serving military officers and 21 firms linked to the scandal will also be investigated by the EFCC.

    The statement reads: “On the recommendation of the committee established to audit the procurement of arms and equipment in the Armed Forces and Defence sector from 2007 to 2015, President Muhammadu Buhari has directed the Economic and Financial Crimes Commission (EFCC) to carry out further investigation into the misconduct established against the following retired and serving officers of the Nigerian Air Force and Nigerian Army:

    The 20 military officers affected are- Air Chief Marshal Alex ​Badeh (rtd), Air Marshal ​M.D ​Umar  (rtd), Air Marshal​ A.N ​Amosu (rtd), Maj-​Gen. ​E.R ​Chioba (rtd), AVM​​ I.A​ Balogun (rtd), AVM ​A.G​ Tsakr ​ (rtd)

    Others are – AVM​​ A.G​ Idowu (rtd), AVM ​A.M ​Mamu, AVM ​O.T ​Oguntoyinbo, AVM ​T ​.Omenyi, AVM ​J.B ​Adigun, AVM​​ R.A ​Ojuawo, AVM ​​J.A ​Kayode-Beckley, Air Cdre ​S.A ​Yushau (rtd), Air Cdre ​A.O ​Ogunjobi, Air Cdre​ G.M.D ​Gwani, Air Cdre S.O ​Makinde, Air Cdre A.Y ​Lassa​, Col. ​​N ​Ashinze and Lt Col. ​M.S ​Dasuki (rtd)

    “Following the submission of the audit committee’s second interim report, President Buhari has directed the EFCC to investigate the roles of the officers and the following companies and their directors in fundamental breaches associated with the procurements by the Office of the National Security Adviser (ONSA) and the Nigerian Air Force (NAF).

     

  • Falana to Fed Govt: obey orders on Dasuki, Kanu

    Falana to Fed Govt: obey orders on Dasuki, Kanu

    Lagos lawyer Femi Falana (SAN) has asked the Federal Government to obey the court order granting bail to former National Security Adviser (NSA) Col. Sambo Dasuki and leader of the Indigenous People of Biafra (IPOB), Mr. Nnamdi Kanu.

    In a statement, entitled: “The orders for the bail of Dasuki and Kanu should be obeyed”, Falana said the alleged refusal of the Department of State Services (DSS) to obey the order admitting them to bail, coupled with the failure to re-arraign Dasuki on fresh charges, amounted to impunity.

    The lawyer noted that for the 16 years that the Peoples Democratic Party (PDP) was in power, the Federal Government exhibited total contempt for the rule of law, in which the constitution and other laws were breached with impunity while court orders were disobeyed on a regular basis.

    According to him, one of the reasons Nigerians voted for President Muhammadu Buhari was his promise to fight corruption and end impunity.

    “Therefore, he has a duty to ensure that all organs and officials of the government operate within the ambit of the law,” the lawyer said.

    Falana said the President should not allow overzealous security personnel to engage in impunity and thereby expose the government to unwarranted embarrassment.

    “The decision of the DSS to ignore the order admitting Col. Dasuki to bail coupled with the failure to re-arraign him on fresh charges is tantamount to impunity. If the Federal Government was aggrieved by the order admitting Col. Dasuki to bail, it should have challenged it at the Court of Appeal.”

    Falana said the order admitting Kanu to bail should also be complied with.

    To him, if the Federal Government had other charges against both suspects, it should file them in court.

    “There is no provision for keeping criminal suspects at the pleasure of security officials. Meanwhile, all valid and subsisting orders made by courts in favour of criminal suspects should be obeyed without further delay,” he said.

  • Federal High Court: we didn’t grant bail to Dasuki, others

    Federal High Court: we didn’t grant bail to Dasuki, others

    Authorities of the Federal High Court have dissociated themselves from media reports that the court granted bail at N250 million to the immediate past  National Security Adviser (NSA), Colonel Sambo Mohammed Dasuki (rtd) and others being tried in relation to the $2.1 billion arms purchase scandal.

    The court’s Acting Chief Registrar, Emmanuel Garko, noted yesterday that the Federal High Court could not have granted bail to any of those being tried in relation to the arms deal because none of them was charged before the court.

    Garko, in a statement yesterday, said the clarification was necessary in view of misrepresentation in the media that the Federal High Court granted bail to Dasuki and others at N250 million each.

    Dasuki and others were only granted bail on two occasions on December 18 and 21, last year, at N250 million by Justices Hussein Baba-Yusuf and Peter Affen of the High Court of the Federal Capital Territory (FCT).

    Dasuki is involved in three criminal cases pending before the Federal High Court, Abuja and the High Court of the Federal Capital Territory (FCT), Maitama, Abuja.

    Garko said: “It will be in the interest of the reporters and editors  to note that these cases involving the accused persons are not all before the Federal High Court of Nigeria as reported by some national dailies, but before Justice Hussein Baba Yusuf and Justice Peter Affen of the High Court of the FCT.”

    He explained that the Federal High Court is different from the High Court of FCT.

    He urged the media to be cautious in their operations and always endeavour to cross-check facts before publication.