The Nation Newspaper

Tag: Dasuki

  • Court grants Dasuki bail

    A Federal High Court in Abuja on Monday granted bail to former National Security Adviser, Col. Mohammed Sambo Dasuki (retd).

    Justice Ijeoma Ojukwu said in a judgment that Dasuki’s continued detention without sufficient reasons violated his right to liberty.

    The judgement was on a fundamental rights enforcement application filed by Dasuki, who has been in the custody of the Department of State Security (DSS) since December 29, 2015.

    Justice Ojukwu granted Dasuki bail in the sum of N200million with two sureties, who must be either a civil servant of Grade Level 16 in the Federal Civil Service or a private citizen with landed properties in the municipal areas of the Federal Capital Territory (FCT).

    The judge said the civil servant most submit a letter of appointment and letter of last promotion to the court for verification.

    The judge also said the sureties must show evidence of tax payment for the last three years -2015 to 2017.

    Justice Ojukwu rejected Dasuki’s prayer for N5billion damages, saying should there be need for him to be further interrogated, the DSS should invite and question him between the hours of 9:00 a.m. and 6:00 p.m. on work days.

    The judge ordered the respondents – the DSS, its Director-General, Lawal Daura and the Attorney General of the Federation (AGF) – to release Dasuki upon meeting the bail conditions.

    Justice Chukwu faulted the reasons given by the Federal Government for detaining the ex-NSA.

     

  • Court rules on Dasuki’s application July 2

    A Federal High Court in Abuja on Monday fixed July 2 for ruling on a fundamental rights enforcement suit filed by former National Security Adviser, Sambo Dasuki.

    Justice Ijeoma Ojukwu chose the date after listening to arguments from lawyers representing the parties.

    Dasuki’s counsel, Ahmed Raji (SAN), argued that his client has been unlawfully held in the custody of the Department of State Services (DSS) for about three years.

    He contended that despite a judgment by the Community Court of Economic Community of West African States (ECOWAS) ordering the immediate release of his client, the Federal Government has refused to obey the decision.

    He said: “When bail was granted to the applicant and he was re-arrested, proceedings were initiated to prohibit the prosecution from further prosecuting the matter.

    “This was fought up to the Supreme Court. The apex court gave its judgment on March 2 and said the Economic and Financial Crimes (EFCC) is the one prosecution and since the DSS, which is detaining him is not the one prosecuting, we should then go after the DSS, which is why we are here.

    “We went to international court, ECOWAS Court, they said its decision is only advisory and not binding,” Raji said.

    He prayed the court to grant his client’s prayers and restore his liberty.

    Lawyer to the DSS and its Director General, Lawal Daura, O. J. Odu urged the court to dismiss the application because it was an abuse of court process.

  • We recovered prohibited arms, cash from Dasuki – Witness

    A Federal High Court in Abuja heard on Tuesday how operatives of the Department of State Service (DSS) allegedly recovered prohibited arms, cash and exotic cars from the Abuja residence of a former National Security Adviser, Sambo Dasuki, during a search conducted in the home between July 16 and 17, 2015.

    The recovered arms were five Tavor X95 Assault rifles, Macro Uzi rifle with serial number 60244 and Luger gun with number 033373.

    Others were small magazine containing16 rounds of 9mm ammunition, bigger magazine containing 23 life rounds of 9mm ammunition and 36 rounds of live ammunition.

    A Macro Uzi with serial number 60244 and magazine with 16 rounds of live 9mm ammunition were recovered from a Range Rover car with registration number ABUJA – RBC 517 JN parked on the premises.

    The allegedly recovered cash included $40,000, said to have been found in a safe in the house; N5m and $20,000 cash, allegedly recovered from the same Range Rover car parked in the premises.

    In all, 11 cars were allegedly recovered from the premises. They included a black CLA 250 4Matic Mercedez Benz, Black Lexus LL570, one black Range Rover with registration number ABUJA BWR 6 GA, one ash Range Rover Vogue with registration number SOKOTO – SKK 123 KF, one black Peugeot 508 Tubor, one black Ford Darus with registration number ABUJA RBC 583 EH and one black Range Rover HSE.

    Also recovered were a Range Rover Evogue with registration number ABUJA YAB 607 BN; a BMW X5 with registration number, Abuja RSH 838 TU; a BMW X5 with registration number Kaduna – DKA 325 FH; and another BMW X5M with registration number SOKOTO – TBN 370 AA.

    A DSS operative, William Obiora, told the court about the search and recoveries while testifying at the resumed hearing in Dasuki’s trial.

    Dasuki is standing trial for money laundering and illegal arms possession.

    Led in evidence by lead prosecution lawyer, Dipo Okpeseyi (SAN), Obiora explained why the search was conducted on Dasuki’s Abuja house.

    He said the search started at 4:30 p.m. on July 16 and extended to July 17, 2015.

     

     

     

  • Alleged $2.1b fraud: Dasuki, five others re-arraigned on 25-count amended charges

    THE Federal Government yesterday re-arraigned a former National Security Adviser (NSA), Col. Mohammed Sambo Dasuki (retd) on a fresh 25-count charge before a Federal Capital Territory High Court in Maitama.

    Dasuki  was re-arraigned with a former Minister of State for Finance, Bashir Yuguda, former Sokoto State Governor Attahiru Dalhatu Bafarawa, his son, Sagir Dalhatu, and their family company, Dalhatu Investment Limited.

    However, like the charge of Wednesday, the former Director of Finance and Supply in the Office of NSA under Dasuki, Mr. Salisu Shuaib, was dropped from the list of accused persons.

    Counsel to Federal Government, Mr. Rotimi Jacobs (SAN), confirmed to the court that after the examination of the report of the Economic and Financial Crimes Commission (EFCC) in the alleged money diversion, it became imperative to drop Shuaib from the charge.

    He said: “Instead of being a co-accused person, the former Director of Finance will now be used to as a witness to testify for Federal Government in the trial of the five defendants.”

    Part of the charge against Dasuki was that he misappropriated and engaged in alleged criminal breach of trust by dishonestly transferring the sum of N3.5 billion into the account of Dalhatu Investment Limited, an offence punishable under Section 315 of the Penal Code.

    Yuguda was alleged to have dishonestly misappropriated a sum of $9.8 million, an equivalent of N1.9 billion and another N200 million he allegedly transferred to the bank account of Jabbama Ada Global Services, an offence punishable under Section 315 of the Penal Code Act.

    On their part, Bafarawa, Sagir and Dalhatu Investment were charged with dishonestly receiving N4.6billion from the Office of Dasuki, an offence punishable under Section 97 of the Penal Code.

    Aside the five defendants, other prominent politicians were named in the charge as beneficiaries of the alleged Public fund diversion.

    They include a former Oyo State Governor Rashidi Ladoja, former Chairman of the defunct National Republican Convention Chief Tom Ikimi and  Robert Azibola, a cousin of former President Goodluck Jonathan as well as former Secretary to the Government of the Federation, Senator Anyim Pius Anyim.

    But the five defendants pleaded not guilty to the amended charge dated May 11 and signed by EFCC Director of Legal and Prosecution Department Mr. Chile Okoroma.

    Mr. Olajide Ayodele (SAN), counsel for Yuguda, Dr. Kayode Olatoke (SAN) for Bafarawa and others prayed the court to allow the defendants to enjoy their existing bail.

    Baba-Yusuf granted their prayers and adjourned until July 9 and July 10 for beginning of trial.

     

     

     

     

     

  • N33.3b fraud: Dasuki, three others re-arraigned on 32-count amended charges

    THE Federal Government has re-arraigned the former National Security Adviser Col. Sambo Dasuki (retd) and three others on a fresh 32-count charge before a Federal Capital Territory (FCT) High Court.

    Dasuki was first arraigned in November, 2015 alongside ex-Director of Finance and Administration, Office of National Security Adviser, Shuaibu Salisu; former General Manager, Nigerian National Petroleum Corporation, Aminu Baba-Kusa, and two firms – Acacia Holdings and Reliance Referral Hospital.

    They were arraigned by the EFCC on a 19-count charges, bordering on breach of trust and money laundering to the tune of about N13.5 billion.

    EFCC counsel Mr. Rotimi Jacobs (SAN), on May 2 informed the court that the EFCC had amended the charges from 19 to 32, and Salisu was excluded in the amended charge.

    The 32-count charges against them bordered on criminal breach of trust, misappropriation and dishonest release and receiving of various sums of money to the tune of N33. 3 billion.

    When the charges were read to the defendants yesterday, they pleaded not guilty to the allegations.

    Mr. Oluwaleke Atolegbe, holding brief for Mr. Rotimi Jacobs (SAN), prayed the court for a date to begin trial.

    He said: “My lord may I humbly apply that these amended charges be read to the defendants.

    “I, therefore, apply to the court to take the amended charge dated and filed on May 11, 2018 as a substituent charge before this honourable court. The earlier charge dated April 30, 2018, should be discountenance while we stick to the new one.”

    Justice Hussein Baba-Yusuf said the ACJA 2015 allows the amendments to be made.

    Dasuki’s counsel, Mr. Adeola Adedipe, representing  Mr. Joseph Daudu (SAN), prayed the court to allow Dasuki to continue with his existing bail.

    Mr. Solomon Umoh and other counsel in the matter aligned with Adedipe.

    Atolagbe did not oppose to the prayer made by the defence counsel.

    “We are not oppose to the first and second defendants’ bail as granted earlier. But there is no need to grant the third and fourth defendants (Acacia Holdings Limited and Reliance Referral Hospital Limited),” Atolagbe said.

    The judge, Justice Hussein Baba-Yusuf, after listening to their prayers, ordered that all the defendants should continue to enjoy their existing bail.

    He adjourned the case until July 2 and July 5 for commencement of trial.

  • $2.1b arms cash: Govt files 14 fresh charges against Dasuki, others

    •Secondus, Anenih, Dokpesi, others listed as beneficiaries

    THE Federal Government has amended the $2.1 billion arms funds diversion charge against former  National Security Adviser (NSA), Col. Sambo Dasuki (retd) and others.

    In the amended charge, the  Peoples Democratic Party (PDP) National Chairman Uche Secondus, former Chairman Board of Trustees PDP Tony Anenih; former PDP spokesperson Olisa Metuh; Publisher of Thisday, Nduka Obaigbena; ex-Senate President Iyorchia Ayu and founder, DAAR Communications Raymond Dokpesi were listed as beneficiary of the fraud.

    Also listed are Mouftah Baba-Ahmed, Bello Abba Mohammed, Dr. Bello Mohammed, AVM M. N Umar and  Otunba Jonah Ogunniyi, among others.

    Apart from individuals, corporate organisations were also named as beneficiaries in the amended charge.

    They are AMP Solar Service, Afro-Arab Investment, Bam Project and Projecties Limited, Bob Oshodin Organisation Limited, WEHSAC Farms Limited, Wehsac Limited, Dimaris Mode Coolture Limited, First ARALAC Global Limited, Stellavera Development Limited, Jawaz Multi-purpose Venture Limited, Little Italy Global Services Limited, Belsha Nigeria Ltd and Syvan McNamara Limited among others.

    The amended charge was filed at the Abuja  Federal High Court, where the old one is pending.

    The amended charge of 32 count  will replace the earlier 18-counts filed against the defendants about three years ago.

    Another amendment of  the earlier charge is the removal of a former Director of Finance and Supply in the ONSA, Salisu Shuaib (who served while Dasuki was NSA) as a defendant in the case.

    The amended charge dated April 30, 2018 was signed by Mr. Chile Okoroma, Director of Legal Services with the Economic and Financial Crimes Commission (EFCC).

    The prosecution did not give any reason yesterday why it amended the charge and why the alteration was effected.

    The earlier charge filed in 2015 had Dasuki, Shuaib, Aminu Baba Kusa, Acacia Holding Limited and Reliance Referral Hospital Limited as defendants.

    The amended charge, sighted yesterday, now has Dasuki, Aminu Baba Kusa, Acacia Holding Limited and Reliance Referral Hospital Limited.

    Justice Baba-Yusuf has adjourned to May 17, for the re-arraignment of the defendants on the amended charge.

    At the beginning of proceedings yesterday, lead prosecution lawyer Rotimi Jacobs (SAN) informed the court about the amendment to the charge and urged the court to accept it.

    Jacobs said: “We have served them (the defendants) the additional documents and we have also filed an amended charge dated and filed April 30, 2018.

    “I urge my Lord to accept the amended charge and allow it”.

    Jacobs told the court that “one of the reasons for allowing it is that it tends to remove the second defendant and also there are additional counts to make them 32 counts”.

    Lawyer to Dasuki, Ahmed Raji (SAN), confirmed the receipt of the amended charge.

    He urged the court to graciously avail the first defendant more time to enable them study the additional counts.

    Raji said: “I confirm that around 5:30pm on Monday, my office was served. Yesterday, there was no work. So, this morning, my attention was brought to it.

    “I have not had the privilege of discussing the content with the first defendant. I scantily went through it and discovered that the counts are now almost double,” Raji said.

     

     

     

     

  • Court orders display of guns allegedly recovered from Dasuki’s house

    •Fed Govt resumes ex-NSA’s trial

    A FEDERAL High Court in Abuja yesterday overruled an objection by former National Security Adviser (NSA), Sambo Dasuki and ordered that arms and ammunition allegedly recovered from his Abuja home be displayed in court.

    Dasuki is standing trial before the court on charges of illegal possession of firearms and money laundering.

    The prosecution had opened its case by calling a witness, but the trial was latter stalled when the initial trial judge, Justice Adeniyi Ademola, withdrew.

    Trial resumed before another judge, Justice Ahmed Mohammed, to whom the case was later assigned, yesterday with the prosecution calling its first witness.

    The witness, an operative of Department of State Service (DSS), had his face hidden from the court’s audience. He wore a mask and testified behind a shield provided by the court.

    Lead in evidence by the prosecution lawyer, Oladipupo Okpeseyi (SAN)the witness gave details of how a search was conducted in Dasuki’s home, in 2015, four days after the change of government and how weapons were allegedly recovered.

    The witness told the court that he was part of the team ordered by the Director General of DSS in 2015 to carry out search on Dasuki’s house based on intelligence report that weapons injurious to national security were in his house.

    The witness said the team, led by Ali Burara, armed with a search warrant, arrived at Dasuki’s home in Asokoro and met a number of armed soldiers, who prevented the team from accessing the premises.

    He stated that after about three hours, a military truck arrived at the house and took the soldiers away, following which his team was able to conduct its search. He said his team recovered some weapons and recorded them on the search warrant.

    At that point, Okpeseyi asked that the alleged recovered weapons be brought to the open court, a request Dasuki’s lawyer, Adeola Adedipe, objected to.

    He hinged his objection on the grounds that since the trial was being conducted in semi- secrecy, in compliance with the order of the court made on June 2015, the exhibits should not be displayed for the court’s audience to see.

    Adedipe relied on Section 190 of the Evidence Act, Section 232 of the Administration of Criminal Justice Act, (ACJA), 2015 and Section 36 of the Constitution.

    He added that, since the witness was testifying behind a veil, it was normal and appropriate that the weapons be displayed in the judge’s chamber.

    Okpeseyi, in a counter argument, urged the court to dismiss Adedipe’s objection on the grounds that it was only official record of the state that cannot be displayed in the open court, but not items recovered in the house of a suspect during investigation.

    Ruling, Justice Mohammed noted that it was  in the interest of justice and fair play and to the benefit of parties that the weapons be exhibited in open court.

    The judge said Dasuki, as a defendant in the trial, would not be prejudiced if the alleged recovered weapons were displayed and tendered as exhibit by those who investigated the allegations against him.

    Justice Mohammed said the weapons were listed in the proof of evidence already made available to the defendant by the prosecution.

    The judge later adjourned to May 22 for the formal tendering of the exhibits (weapons) and continuation of trial.

     

  • Court orders display of guns recovered from Dasuki’s house

    A Federal High Court sitting in Abuja on Thursday overruled an objection filed by the former National Security Adviser, Sambo Dasuki and ordered that arms and ammunition allegedly recovered from his Abuja home be displayed in court.

    Dasuki is standing trial before the court on charges of illegal possession of firearms and money laundering.

    The prosecution had opened its case by calling a witness, but the trial was later stalled when the initial trial judge, Justice Adeniyi Ademola withdrew from the case.

    The trial resumed before another judge, Justice Ahmed Mohammed, and the prosecution called its first witness.

    The witness, Williams Obiara, an operative of Department of State Service (DSS), had his face hidden from the court’s audience.

    He wore a mask and testified behind a shield provided by the court.

    Lead in evidence by the prosecution lawyer, Oladipupo Okpeseyi (SAN), Obiora explained how a search was conducted on Dasuki’s home in 2015 and how weapons were allegedly recovered from the building.

    Obiora said he was part of the team ordered by the Director General of DSS in 2015 to carry out search on Dasuki’s house based on intelligence report that weapons injurious to national security were in his house.

    The witness said the team led by Ali Burara and armed with a search warrant arrived Dasuki’s home in Asokoro and met a number of armed soldiers, who prevented the team from accessing the premises.

    He said after about three hours, a military truck arrived the house and took the soldiers away, following which his team conducted its search on the building.

    According to him, the team recovered some weapons and recorded them on the search warrant.

  • Dasuki sues DSS, AGF for ‘rights violation’

    Former National Security Adviser Sambo Dasuki has sued the State Security Service (SSS), its Director General Lawal Daura and Attorney General of the Federation (AGF) Abubakar Malami over his continued detention.

    Dasuki has been in the custody of the SSS since December 29, 2015. The Community Court of the Economic Community of West African States (ECOWAS) in a judgment delivered on October 4, 2016  declared his detention unlawful and ordered his release.

    In a fundamental rights enforcement suit marked filed on March 15 before the Federal High Court, Abuja, Dasuki is praying the court to order his unconditional release.

    He is also praying the court to award in his favour, and against the respondents, N5billion as “general damages and compensation” for the alleged violation of his rights.

    The ex-NSA wants the court to order the respondents to the suit to tender public apology to him in two  widely published newspapers for allegedly violating his rights “as enshrined under Sections 34(1), 35(1), (4) & (5), 37 & 41(1) of the Constitution of the Federal Republic of Nigeria 1999 (as amended)”.

    Dasuki also wants the court to declare that the applicant is entitled to the dignity of his person, personal liberty, freedom of movement, private and family life as enshrined under Sections 34(1), 35(1), (4) & (5), 37 & 41(1) of the Constitution of the Federal Republic of Nigeria 1999 (as amended).

    “A declaration that the continued detention of the applicant, Col. Sambo Dasuki (retd), by the operatives of the 2nd respondent under the instruction and direction of the 1st respondent (Daura) since Tuesday December 29, 2015 till date violates his fundamental rights under Sections 34(1), 35(1), (4) & (5), 37 & 41(1) of the Constitution of the Federal Republic of Nigeria 1999 (as amended) and Article 6 and 12 of the African Charter on Human and Peoples Rights (Ratification and Enforcement) Act Cap 10, Laws of the Federation of Nigeria 2004 and is therefore unconstitutional, unlawful, illegal, null and void.

    The suit has been assigned to Justice Ahmed Mohammed , but no date has been scheduled for hearing.

  • Dasuki loses bid for freedom

    Dasuki loses bid for freedom

    Detained former National Security Adviser (NSA), Sambo Dasuki, yesterday  lost his bid for freedom as the Supreme Court rejected his request to that effect.

    Dasuki had filed two appeals at the apex court, challenging his continued detention by the Department of State Services (DSS) and prayed for the suspension of his trial pending his release by the government,

    In it unanimous judgments yesterday, a five-man panel of the Supreme Court, headed by Justice Dattijo Muhammad,  dismissed Dasuki’s appeals for lacking in merit.

    The court described the appeals as an abuse of court process and a ploy by the appellant to delay his trial.

    It noted that the trial initiated in 2015 has been frustrated by various interlocutory applications and appeals.

    Justice Ejembi Eko, who read the lead judgment, said Dasuki’s continued detention was not a violation of any order for bail granted the ex-NSA by both the Federal High Court and High Court of the Federal Capital Territory (FCT) before which he is standing trial for separate criminal charges.

    The court said Dasuki’s detention was not at the instance of the Economic and Financial Crimes Commission (EFCC) that put him on trial.

    It further said the bails granted Dasuki in respect of criminal charges brought against him by EFCC have been obeyed having been implemented by the Controller of Prison, Kuje, on December 29, 2015.

    The court affirmed the judgment of the Court of Appeal, which earlier upheld the FCT High Court, where it said the EFCC was not liable for the detention of Dasuki by DSS.

    Justice Eko, who upheld the argument by respondent’s lawyer, Rotimi Jacobs (SAN), noted that Dasuki merely used fair hearing as his “weeping principle to filibuster all the way to this court”.

    Justices Dattijo Muhammad (presiding), John Okoro; Centus Nweze and Amina Augie, who were also on the panel, agreed with the lead judgment.

    In one of the charges against Dasuki at the High Court of the FCT, he is being tried with former Governor of Sokoto State, Attahiru Bafarawa, his son, Sagir Bafarawa, a former Director of Finance and Administration in the office of the NSA, Shuaibu Salisu, a former Minister of State for Finance, Bashir Yuguda, and Sagir’s firm – Dalhatu Investment.

    They are accused, in the 22-count charge of, among others, diverting about N13bn allegedly meant for the purchase of arms.

    In the second charge of 19 counts, Dasuki, Salisu, Aminu Baba-Kusa and his (Baba-Kusa’s) firms – Acacia Holdings Ltd and Reliance Referral Hospital Limited – are accused of diverting N32bn meant for the purchase of arms.

    Dasuki is being tried alone before the Federal High Court, Abuja, on charges of money laundering and illegal possession of firearms.