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Tag: Dasuki

  • DSS shuns Metuh’s request to produce Dasuki in court

    DSS shuns Metuh’s request to produce Dasuki in court

    THE Department of State Services (DSS) yesterday failed to produce former National Security Adviser Col.Mohamed Sambo Dasuki in court.

    Dasuki was expected to appear as a defence witness in the ongoing trial of  former Peoples Democratic Party’s (PDP’s) spokesperson Chief Olisa Metuh.

    Metuh is facing trial on a seven-count charge of fraud brought against him by the Economic and Financial Crimes Commission (EFCC).

    He is accused of receiving N400 million illegally from the office of the former National Security Adviser.

    But he denied any wrongdoing.

    The Metuh’s letter to DSS signed by Emeka Etiaba (SAN) dated June 19 stated that Dasuki’s presence would be needed at the Federal High Court, sitting at Court 9, Federal High Court, Maitama.

    At the last adjourned date, Justice Abang refused an application by Metuh for a stay of proceeding in line with the decision of the Supreme Court.

    Also, the judge dismissed another application filed by Tochukwu Onwubuifor (SAN) counsel to the 1st defendant’s company, Destra Investment Limited, asking the court to release Metuh’s passport to enable him to travel to the United Kingdom for medical treatment for a period of five weeks.

    The matter was adjourned till today for continuation of trial.

  • Court okays partial secret trial for Dasuki

    Court okays partial secret trial for Dasuki

    The Federal High Court, Abuja yesterday permitted the Federal Government’s witnesses to testify behind screen against the former National Security Adviser, Col. Mohammed Sambo Dasuki (rtd), in his trial for alleged money laundering and illegal possession of fire arms.

    Justice Ahmed Mohammed said other members of the public in court will not be allowed to see the witnesses.

    The judge rejected the Federal Government’s other prayers regarding the use of pseudo names. He said the witnesses’ names are already contained in the charge.

    The matter was adjourned till September 20 and 21, 2017 for continuation of trial.

    In 2015, a similar application was dismissed by the court. Again, in 2016, the Federal Government filed yet another application in respect of secret trial.

    The application was heard but before ruling was to be delivered, the case was transferred from Justice Adeniyi Ademola to Justice Mohammed.

    Dasuki was re-arraigned before Justice Mohammed on a seven-count amended charge.

    In an amended charge, Dasuki was accused of being in possession of prohibited firearms without requisite licence, contrary to Section 28 of the Firearms Act, Laws of the Federation of Nigeria 2004.

    He was specifically alleged to have been in possession of five terror rifles at his residence in Asokoro, Abuja.

    Besides the firearms, Dasuki was also accused of money laundering and was said to have been in possession of $40,000, N5 million and & 20,000 Pounds allegedly found in his house in July.

    According to the charge, the money was said to be proceeds of an unlawful act, contrary to Section 15 (3) of the Money Laundering Prohibition Act.

    The amended charge also indicated that $150,000 and another N37 million, being proceeds of an unlawful act was also found in his Sokoto residence in July 2015.

    Dasuki pleaded not guilty to the seven counts.

  • Dasuki: Court grants FG’s application to shield witnesses

    Dasuki: Court grants FG’s application to shield witnesses

    The Federal High Court, Abuja, on Thursday granted the Federal Government’s application to shield witnesses in the ongoing trial of the former National Security Adviser, Col. Sambo Dasuki (retd).

    Dasuki is standing trial on a seven-count charge of theft of federal government’s sophisticated weapons, illegal possession of firearms and money laundering.

    Ruling on the federal government’s application, Justice Ahmed Mohammed, said the witnesses would be shielded from the press and the general public.

    The judge, however, said that such witnesses would be visible to him, (the judge), the defendant, the prosecution as well as members of the defence teams.

    According to the judge, the application was in order since Section 232 (4) of the Administration of Criminal Justice Act 2015 allowed the prosecution to protect its witnesses in cases involving economic and financial crimes.

    “Section 232 (4) of the Administration of Criminal Justice Act permits the use of a screen in a charge of economic and financial crimes; and money laundering is part of the charges instituted against the defendant.

    “Therefore, the request is in order, especially when it has not been shown that it will prejudice against the defendant,” Justice Mohammed declared.

    The judge therefore dismissed the objection by Dasuki’s lead counsel, Mr. Ahmed Raji (SAN), who had argued that the application constituted an abuse of court process.

    Raji based his argument on the grounds that a similar application filed by the prosecution in the same case had been dismissed by the former trial judge, Justice Adeniyi Ademola.

    The prosecuting counsel, Oladipo Okpeseyi, had on May 11 filed an application praying the court to order that witnesses in the matter be protected.

    The same application has been argued before Justice Ademola but he did not deliver a ruling before the matter was transferred to another court.

    NAN

     

     

  • Dasuki’s absence ploy to delay trial, says prosecutor

    Dasuki’s absence ploy to delay trial, says prosecutor

    THE trial of former National Security Adviser (NSA), Col. Sambo Dasuki (rtd), at a High Court of the Federal Capital Territory (FCT) was stalled yesterday due to his absence in court.

    When the matter came up for hearing, prosecution counsel Mr. Oluwaleke Atolagbe told Justice Hussein Baba-Yusuf that the absence of the former NSA was a ploy to delay the trial.

    Dasuki is charged by the Economic and Financial Crimes Commission (EFCC) with a former Minister of State for Finance, Bashir Yuguda; former director of Finance and Administration in the Office of the NSA (ONSA) Shuaibu Salisu; former Sokoto State Governor, Attahiru Bafarawa; his son, Sagir Attahiru; and the company belonging to the former governor, Dalhatu Investment Limited.

    He is also facing a 22-count charge bordering of criminal breach of trust and fraudulent diversion of public fund, totalling N19.4 billion, contrary to Section 215 of Penal Code and Section 17 (b) of the EFCC Act, 2004.

    Atolagbe stated that though yesterday was scheduled for commencement of trial, the prosecution received a letter from the office of the counsel to the former NSA, Ahmed Raji (SAN), requesting an adjournment on the grounds that the second defendant had a case at the Federal High Court, Abuja.

    Atolagbe said: “The situation is most unfortunate. When I contacted the officials of this court, I was told the court is ready. We are ready and it is apparent other counsel are ready too.”

    “This attitude of the second defendant counsel is deliberate. The same set of counsel representing Dasuki took this date with the rest of us together.

    “This is unfair on both the prosecution and other counsels and even my lord. This is a ploy to stall this trial. This should be strongly condemned by my lord.”

    He informed the court some witnesses are in court, but that the case could not hold due to Dasuki’s absence.

    Counsel to other defendants informed the court they received the letter from the second defendant’s counsel when they got to court.

    They agreed the matter could not proceed without Dasuki in court since it was a joint trial. They did not object to the application for adjournment.

    Ruling on the application, the judge stated that he agreed with the submission that the application was a ploy to delay trial.

    “By this type of conduct, the counsel to the second defendant is already tasking the patience of the court,” the judge declared.

    Justice Baba-Yusuf said he had no option than to agree to adjourn the matter due to Dasuki’s absence.

    He adjourned the case till June 29 for hearing.

  • Dasuki’s absence ploy to delay trial, says prosecutor

    Dasuki’s absence ploy to delay trial, says prosecutor

    The trial of former National Security Adviser (NSA), Col. Sambo Dasuki (rtd), at a High Court of the Federal Capital Territory (FCT) was stalled yesterday due to his absence in court.

    When the matter came up for hearing, prosecution counsel Mr. Oluwaleke Atolagbe told Justice Hussein Baba-Yusuf that the absence of the former NSA was a ploy to delay the trial.

    Dasuki is charged by the Economic and Financial Crimes Commission (EFCC) with a former Minister of State for Finance, Bashir Yuguda; former director of Finance and Administration in the Office of the NSA (ONSA) Shuaibu Salisu; former Sokoto State Governor, Attahiru Bafarawa; his son, Sagir Attahiru; and the company belonging to the former governor, Dalhatu Investment Limited.

    He is also facing a 22-count charge bordering of criminal breach of trust and fraudulent diversion of public fund, totalling N19.4 billion, contrary to Section 215 of Penal Code and Section 17 (b) of the EFCC Act, 2004.

    Atolagbe stated that though yesterday was scheduled for commencement of trial, the prosecution received a letter from the office of the counsel to the former NSA, Ahmed Raji (SAN), requesting an adjournment on the grounds that the second defendant had a case at the Federal High Court, Abuja.

    Atolagbe said: “The situation is most unfortunate. When I contacted the officials of this court, I was told the court is ready. We are ready and it is apparent other counsel are ready too.”

    “This attitude of the second defendant counsel is deliberate. The same set of counsel representing Dasuki took this date with the rest of us together.

    “This is unfair on both the prosecution and other counsels and even my lord. This is a ploy to stall this trial. This should be strongly condemned by my lord.”

    He informed the court some witnesses are in court, but that the case could not hold due to Dasuki’s absence.

    Counsel to other defendants informed the court they received the letter from the second defendant’s counsel when they got to court.

    They agreed the matter could not proceed without Dasuki in court since it was a joint trial. They did not object to the application for adjournment.

    Ruling on the application, the judge stated that he agreed with the submission that the application was a ploy to delay trial.

    “By this type of conduct, the counsel to the second defendant is already tasking the patience of the court,” the judge declared.

    Justice Baba-Yusuf said he had no option than to agree to adjourn the matter due to Dasuki’s absence.

    He adjourned the case till June 29 for hearing.

  • Dasuki’s detention: Buhari’s corruption war selective, says Umar

    Dasuki’s detention: Buhari’s corruption war selective, says Umar

    Former Kaduna StateMilitary GovernorColonel Abubakar Dangiwa Umar (rtd) has noted that the detention of former National Security Adviser (NSA) Col. Sambo Dasuki (rtd) showed that the anti-graft war of President Muhammadu Buhari was selectiveand aimed at the neutralisation and destruction of the opposition.

    In a statement issued yesterday, Umar noted that it was  over one year since three law courts, including Economic Community of West African States (ECOWAS) Court, granted bail to  Dasuki.

    But he said the Federal Government refused to release him, citing untenable excuse of grievous nature of his offence, even when the  constitution is clear on the  issue.

    The former military governor noted that Federal Government’s decision to suspend the Secretary to the Government of the Federation (SGF) Mr. David Babachir Lawal and the Director General of National Intelligence Agency (NIA) Mr. Ayodele Oke while they are being investigated without being detained  was  a welcome development in its war against corruption.

    The statement read: “Most fair-minded Nigerians are no more impressed and are indeed sceptical with the conduct of this government’s anti-corruption war, which appears to be aimed at the neutralisation and destruction of the opposition.

    “It is over one year since three law courts, including ECOWAS Court, granted bail to Col. M.S. Dasuki. The Federal Government has, however, refused to release him citing the untenable excuse of the grievous nature of his offence. Our extant constitution is quite clear on this issue.

    “The Federal Government does not have the power to determine which offence is bailable or whether an accused person is deserving of bail. It should, therefore, obey courts’ decisions and release Col. Dasuki without any further delay. His unlawful detention, campaign of calumny and pretrial publicity make it impossible for him to receive a fair trial.

    “The only explanation one can find for Col. Dasuki’s lengthy detention without trial is that he belongs to the wrong camp. He has also the misfortune of having served as National Security Adviser to the much vilified Nigerian President of Ijaw extraction.

    “Colonel Dasuki’s fate is tied to that of his former principal President Goodluck Jonathan; an honourable and patriotic Nigerian who conceded defeat and congratulated the winner of the 2015 presidential election Gen. Muhammadu Buhari, even before Independent National Electoral Commission (INEC) declared the final results, when he could have held on tenaciously to power as is the norm in many Third World countries.

    “This rare act of statesmanship, which pulled the country back from the precipice, has been rewarded with utmost disrespect and derision by the APC Federal Government. President Jonathan is the most maligned Nigerian former Head of State. Col. Dasuki is paying dearly for his loyal service to this patriot. All well-meaning Nigerians must speak out against his unfair and unlawful treatment.

    “We cannot afford to remain neutral in the face of this monumental injustice. When one Nigerian is unlawfully detained, all of us must have the moral consciousness to feel psychologically incarcerated.

    “The decision by the Federal Government of Nigeria to suspend the SGF Mr. David Babachir Lawal and the DG NIA Mr. Ayodele Oke while they are being investigated is a welcome development in its war against corruption.

    “It is also remarkable and commendable that the government has decided not to detain the duo while they are being investigated. This is a welcome departure from the prevailing anti-democratic process by which accused persons, particularly from the opposition camp, are unlawfully detained pending the commencement of investigations or refused bail granted by law courts.

    “There is national unanimity in support of the war against corruption which is expected to be non-discriminatory and waged by a meticulous adherence to the rule of law. For the war to be meaningful and sustainable, it must be elevated beyond a President Buhari personal struggle to a national one,” he said.

  • Fed Govt amends charges against Dasuki

    THE office of the Attorney General of the Federation (AGF) yesterday re-arraigned former National Security Adviser (NSA) Sambo Dasuki, on an amended charge of seven counts.

    By the amendment, the prosecution added two counts to the earlier charges of five counts, in which he was accused of illegal possession of firearms and money laundering.

    Dasuki is, in the two new counts, accused of stealing and being in illegal possession of firearms.

    In the new counts one and four of the amended charge, the prosecution identified the firearms as five Tavor X95 Assault Rifles with numbers, 45801168, 45801169, 45801175, 45801176 and 4801199.

    It claimed to have recovered other arms, ammunition and cash from Dasuki’s houses in Sokoto and Abuja during searches by Department of State Services (DSS) operatives on July 16 and 17, 2015.

    Count one reads: “That you, Mohammed Sambo Dasuki on or about July 17, 2015, at your residence, No.13, John Khadiya Street, Asokoro, Abuja within the jurisdiction of the Federal High Court was found in possession of prohibited firearms to wit: Five Tavor X95 Assault Rifles with numbers, 45801168, 45801169, 45801175, 45801176 and 4801199, without requisite licence and you thereby committed an offence punishable under section 28(1)(a)(i) of the Firearms Act CapF28 LFN 2004.”

    He is charged with stealing in count four, an offence contrary to Section 383(1) of the Criminal Code Act.

    The particular of offence reads: “That you, Mohammed Sambo Dasuki on or about July 17, 2015, at your residence, No.13, John Khadiya Street, Asokoro, Abuja within the jurisdiction of the Federal High Court did fraudulently take away these properties to wit: Five Tavor Assault Rifles with numbers, 45801168, 45801169, 45801175, 45801176 and 4801199, being properties of the Federal Government of Nigeria purchased by the Federal Government and which firearms you had in custody without lawful consent or authority and you thereby committed an offence under section 383(1)of the Criminal Code Act and punishable under section 390(5) of the Criminal Code.”

    When the amended charge was read to Dasuki yesterday before a new judge to which the case was transferred, he pleaded not guilty.

    His lawyer, Ahmed Raji (SAN) and the lead prosecuting lawyer, Dipo Okpeseyi (SAN), agreed that the bail earlier granted him by Justice Adeniyi Ademola, should subsist.

    Justice Ahmed Mohammed, adopted the bail earlier granted by Justice Ademola, including the accompanying terms and conditions.

    The judge adjourned till  April 11 for the hearing of the prosecution’s application for witness protection.

    Counts two, three, five, six and seven were left as they were before the case was transferred to the new judge.

    Dasuki is, in counts two, three and five, accused of being in possession of firearms and ammunition contrary to Section 3 of the Firearms Act and punishable under section 28(1)(a)(i) of the same Act.

    He was said to have been on July 17, 2015, at his Asokoro, Abuja home, in possession of a Macro Uzi rifle with serial number 60244; and Luger gun with number 033373, without the requisite licence.

    He was accused in count five of being found with the following ammunition without requisite licence: twenty assorted magazine; one packet of Ministry of Defence APG calibre gun ammunition; one smaller magazine containing 16 rounds of ammunition; one bigger magazine containing several live rounds of ammunition; one magazine containing 16 round of live 9mm ammunition and 36 rounds of live 9mm ammunition.

  • FG amends charges against Dasuki

    FG amends charges against Dasuki

    The office of the Attorney General of the Federation (AGF) on Thursday re-arraigned former National Security Adviser (NSA), Sambo Dasuki, on an amended seven- count charge.

    In the amendment, the prosecution added two counts to the earlier five charges in which Dasuki was accused of illegal possession of firearms and money laundering.

    Stealing and illegal possession of firearms are the new charges introduced by the federal government.

    In the amended charges, the prosecution identified the firearms as f‎ive Tavor X95 Assault Rifles with numbers‎, 45801168, 45801169, 45801175, 45801176 and 4801199.

    The prosecution claimed the Department of State Service (DSS) recovered other arms, ammunition and cash from Dasuki’s houses in Sokoto and Abuja during search operations on July 16 and 17, 2015.

    Count one reads, “That you, Mohammed Sambo Dasuki on or about July 17, 2015, at your residence, No.13, John Khadiya Street, Asokoro, Abuja within the jurisdiction of the Federal High Court was found in possession of prohibited firearms to wit: F‎ive Tavor X95 Assault Rifles with numbers‎, 45801168, 45801169, 45801175, 45801176 and 4801199, without requisite licence and you thereby committed an offence punishable under section 28(1)(a)(i) of the Firearms Act CapF28 LFN 2004.”

    He is charged with stealing in count four, an offence contrary to section 383(1) of the Criminal Code Act.

  • Dasuki: Court orders prosecution to list witnesses

    Dasuki: Court orders prosecution to list witnesses

    An FCT High Court, on Friday ordered the prosecution to list its witnesses in retired Col. Sambo Dasuki’s case.
    The judge, Justice Hussein Baba-Yusuf, gave the order after listening to Dasuki’s counsel, Mr Joseph Daudu (SAN).
    He agreed with Daudu that all witnesses billed to testify against Dasuki must be listed in the witness list.
    He ordered the prosecution to make a copy of the list available to the court and also serve the defendants.

    Dasuki , a former National Security Adviser (NSA) to former President Goodluck Jonathan, was arraigned on a 19-count charge bordering on alleged diversion of N13.6 billion.
    Dasuki is being tried alongside Shuaibu Salisu, a former Director of Finance, Office of the NSA, and Aminu Baba-Kusa, a former NNPC Executive Director and two others.
    At the resumed hearing, Michael Adariku, an operative of the EFCC continued his testimony which he started on Jan. 25.

    But Daudu, counsel to Dasuki, vehemently opposed the inclusion of the EFCC operative on the ground that he was not listed on the witnesses list as demanded by Section 397 of the Administration of Criminal Justice Act, 2015.
    He insisted that it was the requirement that all witnesses in a criminal matter must be listed and that the list of the witnesses must be served on the defendants.

    Daudu submitted that the defendants were disadvantaged because they were not aware of the witness and his background upon which they could effectively cross-examine him.
    He urged the court to disallow the witness from giving evidence.
    Responding, Mr Rotimi Jacobs (SAN), the prosecuting counsel, urged the court to discountenance the objection, adding that the said witness had started giving evidence since January.
    Jacob insisted that it was too late in the day for the defendants to object or to seek disqualification of a person who had already started giving evidence simply because the name of the person did not appear in the witness list.
    He said that the statements of this witness had been included since 2015 and served on the defendants without any objections.
    Other lawyers in the matter aligned themselves with the position of Daudu that it was a trite law that anybody wishing to testify in a criminal matter must be listed in the witness list.
    Baba-Yusuf then adjourned the matter till May 16, May 17, and May 18 for continuation of trial.
    The court also fixed May 11 and May 12 for the trial of the second charges against Dasuki.(NAN)

  • Fayose paid N75m into Ozekhome’s account from N1.2bn Dasuki’s funds — EFCC

    The EFCC on Wednesday told a Federal High Court in Lagos that Ekiti State Governor, Ayodele Fayose, made a payment of N75 million to a Senior Advocate of Nigeria, Chief Mike Ozekhome, from the N1.2 billion the governor received from a former National Security Adviser, Sambo Dasuki.

    The Economic and Financial Crimes Commission said it froze Ozekhome’s account because the money was suspected to be proceeds of crime.

    The News Agency of Nigeria (NAN) recalls that Ozekhome had urged Justice Abdullazeez Anka to unfreeze his firm’s account which the court ordered at EFCC’s instance on Feb. 7.

    Opposing the application, EFCC’s lawyer, Mr Rotimi Oyedepo, argued that Ozekhome ought to have reasonably known that the money he received as part payment for legal fees was proceeds of “fraudulent activities”.

    He said: “EFCC received an intelligence showing that one Mr Ayodele Fayose received N1.2 billion from the Office of the National Security Adviser (ONSA) through the then Minister of State for Defence, Musiliu Obanikoro.”

    He said Obanikoro conveyed the money in an aircraft to Akure airport for delivery to Fayose in neighbouring Ekiti.

    Oyedepo said it was investigated and it was discovered that the sum of N137 million was paid into an account no. 1003126654 operated by Fayose on June 26, 2014.

    “On August 22 and 27, 2014, the sum of N50 million and N118 million was also credited to the account.”

    Oyedepo said having discovered that the funds were proceeds of crime, EFCC approached Justice Mohammed Idris of Lagos division for an order to freeze the account pending conclusion of investigations.
    The lawyer said that the order by Justice Idris was not appealed by either Fayose or the bank where the money was lodged.

    “The N75 million is from the proceeds of the alleged crime fraudulently taken from the ONSA and kept in Fayose’s account from where it was transferred to Ozekhome.

    “ EFCC is empowered to freeze any money suspected to be proceeds of crime even if it is not in possession of the person committing the unlawful act.”

    He argued that nothing had been showed to contradict the fact that the money came from ONSA, adding that Ozekhome could not also claim not to know the source of the money.

    Arguing his application to unfreeze the account, Ozekhome said it was not a lawyer’s duty to investigate the source of his legal fees.

    Besides, he said as at the time Fayose paid him the money, the governor’s account had been unfrozen by an order made by Justice Taiwo Taiwo of the Ekiti Division of the court on Dec. 13. 2016.

    He said that the judge on Jan. 31 also refused EFCC’s application to stay execution of the judgment of Dec. 13, 2016.

    Ozekhome said EFCC obtained the order freezing his account 47 days after Fayose transferred the N75 million.

    “The account frozen by Justice Idris had been unfrozen by Justice Taiwo and made operational after it was found that material facts were suppressed,” he said.

    The Senior Advocate said that the N75 million was part payment for the professional fees having handled eight cases for Fayose and his aides.

    He said that the total sum owed his chambers by Fayose was N250 million and that he wrote Fayose demanding payment of the fees, and that the governor sought for his understanding because his account was frozen.

    He also said when Justice Taiwo unfroze Fayose’s account, he (Ozekhome) sent the governor a reminder to pay the money after which he made the N75 million.

    “There was no encumbrance on the account from which the money was transferred,” Ozekhome said, recalling that the bank in Ekiti also allowed Fayose to withdraw N5 million in cash from the account.

    He said it was wrong for the EFCC to conclude that the money was a proceed of crime when Fayose, who enjoys immunity as a sitting governor had not been tried or convicted.

    Justice Anka fixed April 3 for ruling.