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Tag: Dasuki

  • N26m Dasuki fund: Trial stalled over Fani-Kayode’s ill health

    N26m Dasuki fund: Trial stalled over Fani-Kayode’s ill health

    Proceedings were stalled on Wednesday before a Federal High Court, Abuja in the money laundering case involving former Minister of Aviation, Femi Fani- Kayode.
    The ex-Minister was earlier arraigned before the court on a five-count charge filed by the Economic and Financial Crimes Commission (EFCC), following which the court adjourned to December 14 for commencement of trial.
    In the charge marked: FHC/ABJ/CR/140/2016, which has Fani-Kayode as the sole defendant, he is accused of diverting N26m, which he allegedly received from the Office of the National Security Adviser (ONSA) while Sambo Dsuki was in office.
    He is also accused of handling the N26m without using a financial institution as required under the Money Laundering Act.
    When the case was called on Wednesday, Fani-Kayode’s lawyer, Wale Balogun said his client was not in court because he was ill.
    Balogun apologised to the court for his client’s absence. He said the ex-Minister had wished to be in court, but that his doctor advised him against coming.
    Wale was silent on the nature of Fani-Kayode’s ailment. He only tendered  a letter from an undisclosed hospital,  where he said  the ex-minister was receiving treatment.
    Balogun sought an adjournment.
    Prosecution lawyer, Johnson Ojogbane, who was asked by the judge, Justice John Tsoho, whether or not he was opposed to adjournment, said he concedes to a shift to another.
    He confirmed being shown a copy of the letter from Fani-Kayode’s lawyer.
    Justice Tsoho later adjourned till February 6.
  • Dasuki believed in Nigeria’s unity, says Jonathan

    Dasuki believed in Nigeria’s unity, says Jonathan

    Former President Goodluck Jonathan yesterday described the late Sultan Ibrahim Dasuki as a patriot who truly believed in the resolution of crisis and

    unity of Nigeria.

    Jonathan, who spoke in Sokoto while presenting a condolence message to Sultan Muhammad Sa’ad Abubakar III said the late 18th Sultan lived a life worthy of emulation, adding that” we should emulate him for his words of wisdom.

    “We should be thankful to Allah that Dasuki passed on at 93 years. It is an achievement because he did well for the unity of Nigeria.

    ” He preached peace which should be our guiding word and principle for the development of our country.

    Jonathan noted that it was time for Nigerians to think and know how to live together.

    “We should close ranks and work for the peace of our dear nation. A nation cannot develop without peace”, he stressed.

    Jonathan  prayed God to cushion the sorrow of the family, Sultanate and Nigeria over the painful loss.

    Replying, Sultan Abubakar, who thanked the former president for the condolence, also acknowledged that the demise of the late Sultan Dasuki was not only for Sokoto people but Nigeria as a whole.

  • Buhari, others rain tributes on Dasuki

    Buhari, others rain tributes on Dasuki

    President Muhammadu Buhari yesterday led the rain of tributes poured on the late 18th Sultan of Sokoto Alhaji Ibrahim Dasuki.
    In a statement by the Senior Special Assistant on Media and Publicity, Garba Shehu, Buhari commiserated with the Jama’atul Nasril Islam (JNI) and the Supreme Council for Islamic Affairs (SCIA).
    The President joined them in mourning the passing of one of Nigeria’s most powerful voices for peace and unity in diversity, who diligently kept faith with the virtues of the Sardauna whom he had served as a public servant.
    Apart from modernising the traditional institution to bring it in tune with changing times, the late Dasuki, President Buhari said, will be remembered for his role in the creation of the local government system.
    Sokoto State Governor Aminu Tambuwal described him as a pioneer reformist who deployed his wide knowledge of Islam and vast experience as a technocrat to making profound impact on his family, community and the nation at large.
    “At every stage of his life, Sultan Dasuki gave his all to ensure communal harmony and educational development of the citizenry.
    “For the eight years he spent on the throne as Sultan of Sokoto, he gave priority attention to the educational development of our people by promoting adult and women literacy in all parts of Sokoto.
    “ He equally paid attention to the revitalisation of religious education, especially among Imams of various mosques in the Caliphate.
    “In addition, he will be remembered for formulating workable framework for the prevention and management of inter-communal clashes in Nigeria.
    “His untiring effort in ending the Tiv, Jukun and Fulani skirmish in Taraba State, particularly, stands out.
    “In his later years, Sultan Dasuki dedicated his life to mentoring young Nigerians on leadership, public administration and community service.
    “ He became a repository of knowledge, always willing to share his experience with whoever sought it.
    “He will be greatly missed.”
    Kano State Governor Abdullahi Ganduje described the late Dasuki as one who lived a life of patience, sincerity and peace.
    “He was a man of peace, a true Nigerian and honest patriot whom we will really miss.
    “I pray Allah grants his soul eternal rest and jannah be his final abode,” the governor said.
    The Sokoto State House of Assembly yesterday adjourned its sitting for one week to mourn the late Dasuki.
    This followed a motion moved by the Assembly leader, Alhaji Garba Bello (APC-Yabo), and seconded by Alhaji Mode Sanyinna (APC- Tambuwal East).
    “The personality lost is a person of international repute. His reputation did not end at being a Sultan of Sokoto alone;  but beyond, as his contributions to the success of Sokoto, Nigeria and Muslim World cannot be under estimated.
    “In fact, he did a lot during his tenure as Sultan, as we all witnessed how generous such a person was and how much efforts he made especially in building bridges among Muslim and non-Muslim faithful,’’ Bello said.

  • How ex-NIMASA boss converted N496 million from Dasuki to personal use

    How ex-NIMASA boss converted N496 million from Dasuki to personal use

    A Lagos high court sitting in Ikeja heard on Friday  how a former Director-General of Nigeria Maritime Administration Safety Agency (NIMASA), Patrick Akpobolokemi,  and others requested for N496 million from former National Security Adviser (NSA), Col. Sambo Dasuki and converted the money to personal use. 
    An Economic and Financial Crimes Commission (EFCC) witness, Mr. Orji Chukwuma  disclosed this  while giving evidence before the court  presided by Justice Raliatu Adebiyi.
    Chukwuma further narrated to the court how the former NIMASA boss also allegedly transferred N504 million to Arrow World Consultancy Services Limited.
    The EFCC had charged  the  former NIMASA boss and others for allegedly stealing  over N754, 740,680.00 million belonging to NIMASA.
    Akpobolokemi is facing trial alongside Captain Ezekiel Agaba, Ekene Nwakuche, Governor Amechee Juan, Vincent Udoye, Captain Adegboyega Sahib Olopoenia, and a company, Gama Marine Nigeria Limited.
    They are facing a 13-count charge bordering on stealing the money belonging to NIMASA.
    They had pleaded not guilty to all the count preferred against them.
    Led in evidence by EFCC counsel, Mr. Rotimi Oyedepo at the resumed sitting of the court on friday, the witness, Chukwuma,  stated that the sum of N816,200 million was fraudulently transferred between 2014 and 2015 by the former NIMASA boss.
    He said in the cause of investigation, it was discovered that defendants converted money meant for the purchase of equipment and other items for NIMASA to personal use.
    Chukwuma who is an investigating officer with the EFCC recalled that the commission received intelligence report of a monumental fraud going on in NIMASA under the leadership of Akpobolokemi who was the Director General of the agency as at that time.
    According to the witness, “based on the fraudulent presentation of documents presented by the first defendant through Office of National Security Adviser to former president Goodluck Jonathan, which was approved, an account was created in the name of VIMSAS which was operated by the second defendants and some others”.
     When he was shown exhibit P9, he said it represent the fraudulent representation by the first defendant to NSA on May 15, 2015 and a reply from NSA dated October 15, 2015 and a payment voucher.
      ” Exhibit P10  represent a letter from NIMASA dated June 20,2014 and a correspondence from ONSA on July 30,2014 a payment voucher. The NSA approved the sum of N498million but the investigation revealed contrary.
      “A request of N318million was made and attached the list of things to purchase but investigation revealed that the money was converted as against the list. There was instruction to move N498,200m from NIMASA account to VIMSAS account no 1013961926 domiciled in Zenith Bank. The 1st defendant gave the order for the transferred.
      “On exhibit P9, a mandate to transferred N318million to VIMSAS account with Zenith Bank account and was approved by the 1st defendant. We wrote to the bank and we received responses on the activities on the account.
      “It also showed that 2nd defendant is signatory to the account. On September 24 and November 16, 2014, a withdrawal of N3 million was made by the 3rd defendant on each day.  On April 29,2014 an out flow of N11 million by Liquid Garden and converted.”
    The witness further stated: “there was no contract between VIMSAS and NIMASA while ‘no goods, services were rendered’.  A sum of N816,200 million was moved into the account and was converted to personal use.
    “Also, the sum of N318 million was also transferred to the Zenith Bank account which we discovered was used for personal purposes,” he said.
      He said during investigations, it was discovered that fictitious contracts were awarded to some companies one of which is Arrow World Consulting and Kofa Fadan Nigeria Limited. It was also discovered that the companies were paid for bogus contracts which were never executed.
      “During investigations, we spent two days searching for the address of the company which we finally located.  We also discovered that the sum of N11 million was transferred to one Aneke Julie Nkechi. It was discovered that she is related to a Lady Captain in NIMASA. She was invited to the EFCC’s office where she claimed that she didn’t know how the money got into her account but later refunded the money to the commission,” he said.  
    “One of the defendants Ekene Nwakuche made eight withdrawals of N3 million each through the instruction of Captain Ezekiel Agaba,” he said.
    The trial judge, Justice Adebiyi has however  adjourned the matter till November 30, 2016 for trial within trial.
  • $2.2b arms deals: Dasuki to call Jonathan as witness

    $2.2b arms deals: Dasuki to call Jonathan as witness

    Ex-NSA prefers political solution

    Former National Security Adviser (NSA) Sambo Dasuki, who is on trial for alleged mismanagement of $2.1billion arms funds, would like former President Goodluck Jonathan to be his witness, it was learnt yesterday.

    Dr. Jonathan has faulted the charges against Dasuki, claiming that the ex-NSA could not have stolen about $2.2billion votes for arms. “We bought warships, we bought aircraft, we bought lots of weapons for the army,” he said in a recent interview at the Oxford Union in the United Kingdom.

    Speaking with our correspondent, Mr. Ahmed Raji (SAN), the ex-NSA’s counsel, said Dasuki wanted Jonathan to testify in court.

    Raji said: “It will be desirable for Jonathan to testify for the ex-NSA. It will throw greater light into grey areas. And it will serve the interest of Justice.

    “It will be fantastic for him to go to court to testify. Dasuki is an agent of a disclosed and known principal.”

    Another member of the legal team said: “With what Jonathan said in London, the only logical thing for him to do is to see it through.

    “We want Jonathan to follow-through. If he backs out, it will be bad.”

    But, in Raji’s view, a political solution will be better than trial because of the “characters involved”.

    He said: “But, frankly speaking, I pray for a political solution to the problem because of the characters involved.

    “Both the accused and the government should embrace a political solution to the problem.”

    Asked if Dasuki is ready for political solution, he added: “Why not? He is.

    ”I believe the President is very sincere. He wants to reorganise Nigeria and he deserves the support of all.

    “With a political solution, Mr. President will be in good stead to overcome unnecessary distractions in order to succeed.

    “I pray that everybody will key into his vision and the economic challenges facing the nation.”

    Those point of advising a political solution is that it will not be “tidy” for Dasuki to mention all those who got money from his office. Among them, said a source, are a prominent traditional ruler in the North, who reportedly got N500 million and a former Head of State.

    A source, who spoke in confidence, said Dasuki’s defence team was banking on Jonathan’s testimony.

    The source said: “All is set for the defence of Dasuki, who is still insisting on an open trial to let Nigerians know the beneficiaries of the arms cash.

    “One of those who may testify is ex-President Goodluck Jonathan whose remarks in London appeared to be the first phase of the war chest of the ex-NSA.

    “You know the ex-NSA said he acted on Jonathan’s instructions in disbursing some of the cash. And from the look of things, the ex-President is now ready to accept responsibility for whatever Dasuki did.

    “We believe it has reached a level that Nigerians must know what really happened, how funds were disbursed and who got what.

    “This is why a secret trial is not a viable option, with the way things are going.”

    The source added: “So far, we have secured the consent of Jonathan to appear in court for Dasuki. This will make the trial worth it.”

    It was learnt that a traditional ruler allegedly benefitted from the arms funds to the tune of about N500million.

    Another source added: “Dasuki has a list of highly-placed beneficiaries from the arms cash. A particular traditional ruler got about N500million as a gift from the government through the Office of the National Security Adviser(ONSA). There are many hidden beneficiaries whom Nigerians must know.

    “Nigerians will be shocked by some revelations which will come up during the trial. Nothing short of open trial will let Nigerians know the truth. We are ready for this.”

    Dasuki had on December 13, 2015 said he disbursed the funds on Jonathan’s instructions.

    The ex-NSA said: “I wish to state as follows: That I have been publicly indicted and any statement may jeopardise my defence. Having been briefed by the EFCC investigators on why I was invited, I will answer the charges in court. As such, I do not wish to make any further statement on the matter.

    “That I am aware in November (I cannot remember the exact date), my office requested the CBN to exchange N10billion from the account of the Office of National Security Adviser domiciled in CBN. The money was exchanged at $47m and some Euros which I cannot remember. The exact amount was delivered at my residence.

    “The money was for delegates that attended the nomination convention for the PDP. Presidential nomination. The money was paid and sent to Hon. (Waripamowei) Dudafa (SSAP Household) and ADC(C-I-C) for distribution on the instruction of the President.

    “Based on the statement of Director of Finance and Administration (Salisu), Ibrahim Wambai, and Yazidu Ibrahim, all the cash (both foreign and local) are usually given to them for official use.

    “I also noted the statement of Sagir Bafarawa whose company is Dalhatu Investment in which he stated that he received the sum of N4,633,000,000 from the account of the Office of the NSA. I authorised the payment . The money was for vehicles, motorcycles for youth empowerment and women sent to Saudi Arabia. I got the proposal from the President. I do not have the proposal; it should be at the office in the Villa.”

  • Jonathan: Dasuki didn’t steal $2.2b weapons cash

    Jonathan: Dasuki didn’t steal $2.2b weapons cash

    ‘Our best yielded an era of unprecedented economic growth for Nigeria’ 

    Former President Goodluck Ebele Jonathan has replied his administration’s critics, saying former National Security Adviser (NSA) Sambo Dasuki could not have stolen the $2.2 billion cash voted for arms purchase.

    He also said his administration may not be perfect but he did his best.

    Besides, he advised Nigeria and other African countries on how to break even – they should invest in education and youth entrepreneurship.

    It was all at a lecture on Youth Entrepreneurship at the famous Oxford Union in the United Kingdom.

    The text of the lecture and some parts of the transcript of the question session were released to the media yesterday by PRNigeria, a military propaganda outfit against Boko Haram during the Jonathan administration.

    The ex-President said:  “They said the National Security Adviser (Sambo Dasuki) stole $2.2billion. I don’t believe somebody can just steal $2.2 billion.

    “We bought warships, we bought aircraft, we bought lots of weapons for the army and so on and so forth and you are still saying 2.2 billion; so where did we get the money to buy all those things?

    ”Yes, there were some issues. Yes, there are still corruption issues but some of it were overblown. I’d say exaggerated and they give a very bad impression about our nation. You cannot say the national security adviser stole $2.2billion. It is not just possible.”

    But Jonathan said he would not want to speak futher to avoid engaging in any act of subjudice to the ongoing court process.

    He added: “One thing about the issue of corruption is that these matters are in court; let’s allow some of these processes to end. Lately, some judges’ (homes) were also invaded. There are so many things involved and we have to follow up these matters to conclusion before we know the fact.

    “I don’t want to be seen as a former president challenging what the sitting government is doing so I have decided to keep quiet for the court to look into them.”

    He said allegations of corruption were not unique to his administration, adding:

    “You will see that it has become a major topic whenever there is a change of government … I am not saying there is no corruption in Nigeria; there is corruption. If you look at corruption, there is almost no country that is free; the degree varies, the perception varies.

    “Transparency International talks about the way corruption is being perceived in different economies; why do we talk about the way corruption is being perceived?

    It depends on the issue raised in the media every day.”

    Earlier in his lecture, Jonathan said his administration might not have been perfect but it offered Nigeria the best.

    He said: “We may not have been perfect, but we did our best, and our best yielded an era of unprecedented economic growth for Nigeria. A growth that proved the truism that a nation’s wealth is not underneath the ground but between the ears of her people.

    “Under my watch, Nigeria was projected by CNN Money to be the third fastest growing economy in the world for the year 2015 and rated as the largest economy in Africa and the 23rd in the world by the World Bank and the IMF, with a GDP above half a trillion US dollars. “

    He expressed confidence that Nigerian youth and African youths could lift up the continent to a glorious economic era.

    Jonathan said: “Nigeria has a crop of talented youth but the nation has not properly keyed into the global sports industry. The Fund would have been a catalyst to promoting the Nigerian sports industry by promoting training, welfare of athletes and manufacturing of sporting equipment, among other things.

    “Distinguished audience, let me conclude my speech by urging contemporary African leaders to see youth entrepreneurship as a collective project transcending national boundaries. I believe in the Nigerian youth and indeed African youths. My conviction is not only an emotional one, but one grounded in my experience with youths from all over the continent.

    “You will agree that foremost in the minds of many youth is a desire to develop their dreams and potentials.

    “Placing them closer to the driving wheel, does a lot for their confidence. Despite incredible challenges, Nigerian youths are achieving great things and placing Nigeria positively in the world map.

    “Nigerian youths are an inspiration to their leaders. I once said that I was not elected President of Nigeria to spread poverty, I was elected to generate and spread wealth.

    “My belief in this regard is that getting a job or being a worker cannot completely cure the disease of poverty. It is only your own business that can provide such security and give you the financial freedom you need to prosper.

    “That was why my administration introduced these initiatives and policies to enable Nigeria’s youths take their own destinies in their hands.

    “You can appreciate that there was a lot of emphasis on education during my time at the helm of both my State and my Nation. This is because the richest people today are those who develop ideas and commercialise them.

    “Viable ideas can only come from educated minds, and money pursues ideas. My three flagship programmes, i.e. the gifted and talented children schools in Bayelsa State, the Presidential Special Scholarship Scheme for Innovation and Development and the ICT Incubation Centers (Co-Creation Hub) were geared towards developing that calibre of youth.”

    Jonathan reeled out how his administration initiated many programmes to encourage youths to develop their talents.

    He said: “My administration came up with various programmes to encourage young entrepreneurs. The most popular is the Youth Enterprise with Innovation in Nigeria “YouWIN.”

    “It was a unique intervention launched in 2012, which targeted youth with unique business proposals in start-ups and expansion of existing enterprises. YouWin is structured as a competitive cyclic initiative which invites and reviews business plans submitted by youth. Young people who wanted to be entrepreneurs were asked to submit their business proposals. The best business plans were chosen based on relevance, profitability, demand and practicability.

    “The winners were trained and given grants. YouWIN was multi-sector- cutting across light manufacturing, food processing, and the service sector. The motivation for this program is for young people to go into SMEs, create jobs for other young people with the expectation that some would grow to large scale businesses.

    “In addition to YouWin, under our broad based Agricultural Transformation Agenda, we developed the Youth Employment in Agriculture Program [YEAP] – and like many of our other youth programs, we incorporated the youth themselves in its design. This took a complete value chain approach from farming to processing and marketing.

    “Just like in the YouWIN initiative, my administration gave young farmers grants and training. The young people who were involved were called “Nagropreneurs”.

    “We also launched The Graduate Internship Scheme (GIS). The objective of this program was to provide temporary work experience for fresh graduates, to enhance their capacity to attract permanent jobs. Eligible graduates are posted to corporations and companies in the private and public sectors. They received practical training and mentorship for a one-year period, within which remuneration is paid by the government.

    “This enabled the young graduates to acquire relevant experience. We also increased the allowances due to Youth Corp members by more than 100% in 2011. This was in line with our policy of youth empowerment and development.

    “To ensure that the Nigerian youth benefit massively in the ICT revolution, we created a special Ministry of Communication Technology. We wanted the Nigerian Youth to be self-employed and exploit the advantages of ICT.

    “The ministry, among other things, improved broadband penetration, set up ICT incubation centres in Lagos and Calabar. The efforts of the Young software engineers at the Lagos Co-Creation Hub (CC Hub) became so successful that it did not only give birth to many thriving start-ups, but their activities also attracted the attention of Facebook founder, Mark Zuckerberg who chose it as his first stop during his first ever visit to Africa. One sector we deliberately encouraged to stimulate job growth for Nigerian Youth was the Nigerian entertainment industry.

    “We identified Nollywood as a sector that can employ many young people. We provided a grant of $200 million and for the first time, Nollywood became a major contributor to our GDP. In 2014, Nollywood contributed 1.4% to our GDP. The sporting industry was also not left out. We encouraged our young people in that sector. I was to launch a Fund to encourage sporting activities in the country but I had to bow out by 29th of May 2015.”

    The high point of the session was Jonathan’s reaction to the ongoing trial of his former NSA for alleged mismanagement of about $2.1m arms cash.

    Dasuki had on December 13, 2015 said he disbursed the cash on Jonathan’s instructions.

    The ex-NSA said: “I wish to state as follows: That I have been publicly indicted and any statement may jeopardize my defence. Having been briefed by the EFCC investigators on why I was invited, I will answer the charges in court. As such, I do not wish to make any further statement on the matter.

    “That I am aware in November (I cannot remember the exact date), my office requested the CBN to exchange N10billion from the account of the Office of National Security Adviser domiciled in CBN. The money was exchanged at $47m and some Euros which I cannot remember. The exact amount was delivered at my residence.

    “The money was for delegates that attended the nomination convention for the PDP. Presidential nomination. The money was paid and sent to Hon. (Waripamowei) Dudafa (SSAP Household) and ADC(C-IC) for distribution on the instruction of the President.

    “Based on the statement of Director of Finance and administration (Salisu), Ibrahim Wambai, and Yazidu Ibrahim, all the cash (both foreign and local) are usually given to them for official use.

    “I also noted the statement of Sagir Bafarawa whose company is Dalhatu Investment which he stated that he received the sum of N4,633,000,000 from the account of the Office of the NSA. I authorized the payment . The money was for vehicles, motorcycles for youth empowerment and women sent to Saudi Arabia. I got the proposal from the President. I do not have the proposal; it should be at the office in the Villa.”

  • Alleged corruption: Judge confronts Dasuki in court

    Alleged corruption: Judge confronts Dasuki in court

    Did you send any money to me; to any member of my family or through any counsel? – Judge

    No, my Lord, except if the DSS agents, who are reporting the allegation did – Defendant

    One of the judges arrested last week by the Department of State Services (DSS), Justice Adeniyi Ademola of the Federal Hiigh Court, Abuja withdrew yesterday from the trial of former National Security Adviser (NSA) Sambo Dasuki.

    Dasuki was arraigned before the court on September 1, 2015, accused of unlawful possession of firearms and money laundering.

    After some delay caused mainly by the defence, the trial opened on May 18, with the prosecution calling its first witness, Samuel Ogbu, a senior DSS operative.

    Ogbu told the court how the investigating team he worked with interviewed Dasuki and obtained statement from him in the comfort of his home on July 17, 2015. He gave details of how the team 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.

    The trial was later stalled when the prosecution applied to have its other witnesses shielded from public glare to protect them from possible harm, an application the defence rejected, following which Justice Ademola scheduled ruling on the application for October 18.

    Parties had expected the judge to deliver the ruling when proceedings opened yesterday, only for Justice Ademola to announce his withdrawal from the case, citing his trouble in the handa of men of the DSS.

    Before withdrawing from the case, Justice Ademola said: “I’m sure the prosecution and defence counsel are conversant with what is going on in the last seven days in this country. One of the allegations being made against me by the Department of State Security is that I received certain sums of unspecified money from the defendant.

    “Of course, I have responded to that allegation of receiving an unspecified sums of money from the defendant. But, it will be wise for him to answer some questions.” Justice Ademola engaged Dasuki in a conversation:

    Judge: “Do you know me at all or have come in contact with me?”

    Defendant: “I don’t know you, my Lord.”

    Judge: “Did you, at any time, give me money in respect of the ongoing trial?”

    Defendant: “No, my Lord. I didn’t give you any money.”

    Judge: “Did you send any money to me; to any member of my family or through any counsel?”

    Defendant: “No, my Lord, except if the DSS agents, who are reporting the allegation did.”

    Judge: “I am happy that you have answered these questions. In the interest of fair hearing, I am minded to return the case file to the Chief Judge of the Federal High Court for further action.”

    Lead prosecution lawyer Oladipo Okpeseyi (SAN) said: “We are guided by your Lordship’s decision, even though we had come for a ruling and continuation of trial.”

    Adedayo Adedeji, who led Dasuki’s legal team, said he was aware of the recent arrest of some judges, including Justice Ademola. He praised the judge for withdrawing from the case.

    After listening to the lawyers, Justice Ademola said: “This court is minded to transfer this case to the Chief Judge. The defendant has vehemently denied in open court today the allegation made by the DSS.

    “Therefore, this case file has been returned to the CJ in line with the principle of fair hearing.  This criminal matter has been adjourned to another date as may be fixed by the new judge,” the judge said.

     

  • Why Buhari will keep Dasuki in detention – Paden

    Why Buhari will keep Dasuki in detention – Paden

    The former National Security Adviser (NSA), Sambo Dasuki, hope for early release from detention may not be feasible in the short run going by accounts of President Muhammadu Buhari’s biographer, John Paden.

    Dasuki is standing trial for embezzlement of over $15 billion earmarked for purchase of equipment for troops fighting Boko Haram insurgents in the North East.

    The ECOWAS court on Tuesday ordered the Federal Government to release the ex-NSA from prison.

    In the book on the President, “Muhammadu Buhari – The Challenges of Leadership in Nigeria,” Paden said Dasuki’s release from detention may not happen soon.

    In Chapter 15 of the book focusing on “Military Procurement Accountability,” he noted that Buhari believes in confronting any corruption that will undermine the integrity of the military.

    Paden also disclosed that such corruption in the military procurement that puts the lives of the ordinary foot soldiers at risk is capable of endangering the Nigeria project itself.

    He said: “For Buhari who has said openly that he wants to be remembered for fighting corruption, it will be an unmitigated disaster for his legacy if such a gargantuan fleecing went on in his primary constituency, the military, and he failed to unearth it and punish the culprits.

    “Buhari knows that Task Force and Division Commanders knew of and approved these arms purchases; Service Chiefs knew too, Ministers of Defence and Finance knew, Chief of Staff knew, civil servants in the Ministries of Defence and Finance knew, Chief of Staff to the President knew, the Vice President knew, and the President knew. It is why Buhari will keep his foot on Dasuki’s throat until he fesses up.

    “Who really was Sambo Dasuki fronting for in Jonathan’s cabinet? That is the main question to which Buhari is also seeking answers.

    “As noted throughout this study, Buhari has a strong belief in right and wrong. He also has an abiding respect for the Nigerian military as an institution that can help hold Nigeria together.

    “From Buhari’s perspective, if corruption in military procurement undermines the integrity of the military, that corruption must be confronted.

    “And if such procurement allegations weaken the military response to Boko Haram and put ordinary foot soldiers at risk, that corruption poses a double threat, endangering even the Nigeria project itself.”

     

     

  • Parties agreed to re-assignment of cases involving Dasuki, others

    Parties agreed to re-assignment of cases involving Dasuki, others

    Parties in the criminal cases involving former National Security Adviser (NSA) Col Sambo Dasuki and others have agreed that the two charges against them be brought before a single judge for determination.

    They resolved yesterday to approach the Chief Judge of the High Court of the Federal Capital Territory (FCT) Abuja, to seek his consent to have both cases assigned to Justice Husein Baba-Yusuf to handle.

    Involved in the first case are: Dasuki, a former Director of Finance, Office of the NSA, Shuaibu Salisu; a former Executive Director of the Nigerian National Petroleum Corporation (NNPC), Aminu Baba-Kusa and his two companies –  Acacia Holding Limited and Reliance Referral Hospital Limited.

    They are accused, in the case pending before Justice Baba-Yusuf, of diverting about N13.6 billion, property of ONSA.

    Those involved in the second case before Justice Peter Affen (also of the High Court of the FCT), are: Dasuki, ex-Minister of State for Finance, Bashir Yuguda, a former Director of Finance at the office of the NSA, Shuaibu Salisu, a former governor of Sokoto state, Attahiru Bafarawa, his son, Sagir Bafarawa and their company, Dalhatu Investment Limited.

    They are accused, in the second case, of diverting about N9.2 billion from ONSA.

    At the resumption of proceedings yesterday, lead prosecution lawyer, Rotimi Jacobs (SAN), suggested that the court shelve the scheduled hearing of a motion by Dasuki, challenging the simultaneous existence of both cases.

    Jacobs urged Justice Yusuf to allow parties approach the Chief Judge for the reassignment of the other case before Justice Affen to his court.

    Although lawyer to Dasuki, Joseph Daudu (SAN), was initially inclined to move his client’s motion, he later changed his mind and accepted Jacobs’ suggestion.

    Daudu, Jacobs and other lawyers in the case agreed to write the court’s Chief Judge to request the re-assiagnment of the case before Justice Affen.

    The parties agreed to return on October 21 to report the decision of the Chief Judge on their letter.

    The former NSA argued in the motion that both cases marked: FCT/HC/CR/43/2015 and FCT/HC/CR/42/2015 are identical and should be merged  in the interest of justice and fair trial to avoid double jeopardy.

     

  • Dasuki and ECOWAS court judgment

    SIR: On Tuesday, October 4, the ECOWAS Court declared the arrest and continued detention of former National Security Adviser, Col. Sambo Dasuki as unlawful, unreasonable and arbitrary. The court reportedly held “that the further arrest of Mr. Dasuki by government on November 4, after he was granted bail by a court of law, amounts to a mockery of democracy and the rule of law.”

    The three-member panel led by Justice Friday Nwoke declared that the Nigerian government was wrong in arresting Mr. Dasuki, searching his residence and confiscating his properties without a warrant. The court accordingly ordered the immediate release of Dasuki and awarded N15 million damages in his favour.

    The Court was created pursuant to the provisions of Articles 6 and 15 of the Revised Treaty of the Economic Community of West African States (ECOWAS). By virtue of Article 10 of the Supplementary Protocol of the ECOWAS Court adopted in January 2005 by the Authority of Heads of States and Government, individuals, corporate bodies and non governmental organizations have direct access to the court for the enforcement of human rights.

    Is the decision of the court binding on Nigeria?

    Article 15 (4) of the Revised Treaty of ECOWAS provides thus:

    “Judgements of the Court of Justice SHALL BE BINDING on the Member States, the institutions of the Community and on individuals and corporate bodies.” As a signatory to the Revised Treaty of the Economic Community of West African States (ECOWAS), Nigeria is legally bound by the judgment of the court. Having submitted itself freely to the jurisdiction of the Court, it will be disingenuous for the same government to resile from its obligations under the Revised Treaty and the relevant Protocol and Supplementary Protocol relating to the Court.

    However, that is not the end of the matter.

    On implementation of treaties, Section 12 (1) of the Constitution of the Federal Republic of Nigeria 1999 (as amended) states as follows: “No treaty between the Federation and any other country shall have the force of law except to the extent to which such Treaty has been enacted into law by the National Assembly”.

    The National Assembly has not domesticated or enacted the Revised Treaty and the Protocols relating to the Court into law.

    In the Dasuki’s case, though the African Charter on Human and Peoples’ Rights was among the laws relied upon by the court and has been domesticated vide African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act Chapter 10, Laws of the Federation of Nigeria, 1990 (now Chapter A9 Laws of the Federation of Nigeria, 2004), the judgment of the court does not have the force of law in Nigeria. The reason is that it is the Revised Treaty and Protocols relating to the court that established the court and clothed it with jurisdiction over cases of human rights violations in member states and not the African Charter. The charter can only have force of law from decisions of Nigerian courts until the National Assembly enacts the Revised Treaty into law.

    Under Article 24 (4) of the Supplementary Protocol, each member state is expected to determine a competent national authority that will be responsible for the enforcement of the court’s decisions, in accordance with her own rules of civil procedure. Interestingly, Nigeria is among the three member states (others are Guinea and Togo) that have put in place appropriate mechanisms for the enforcement of judgments by the court.

    Nigeria can either follow the path of honour and responsibility not only as a member but as the ‘super power’ of ECOWAS by releasing Dasuki as ordered by the court in consonance with her treaty obligations, or take refuge in the non domestication of the Revised Treaty and continue to detain him.

    No matter how repugnant and grievous the alleged infractions of Dasuki are; irrespective of how majority of Nigerians feel about Dasuki and his unpatriotic mismanagement of defence funds, the judicial and legal process must run its full course unimpeded.

    The executive cannot and should never be the accuser, prosecutor and the judge. President Buhari should come to terms with the tenets of democracy.

    In the final analysis, the path taken by the President Muhammadu Buhari-led government will have far reaching implications on the image of Nigeria and the perception of not only Nigerians but the international community and investors on the inclination of the government on issues of human rights, rule of law and democracy.

     

    • Inibehe Effiong,

    inibehe.effiong@gmail.com