The Nation Newspaper

Tag: Department of State Services (DSS

  • AGF justifies arrest of judges

    AGF justifies arrest of judges

    …Says no one immune to investigation

    The Minister of Justice and Attorney General of the Federation (AGF), Abubakar Malami (SAN) Tuesday justified the arrest of some judges by the Department of State Services (DSS).

    Malami argued that what happened in relation to the affected judges was mere investigation of criminal allegations.

    He contended that no one is immune to investigation under the Nigerian law, noting that once allegation of criminality was raised, it was the duty of the relevant investigating agencies to carry out investigation.

    The AGF spoke in Abuja Tuesday shortly after inaugurating the “country expert review committee for the second cycle of the review of implementation of the United Nations Convention against Corruption (UNCAC).”

    Malami, who was asked by journalists to comment on the arrest of judges, said: “The fundamental consideration is whether there is an allegation of the commission of a crime;  whether there is the need for investigation, and whether the relevant provisions of the law and indeed, all circumstances, as provided in the Administration of Criminal Justice Act (ACJA) are put into consideration in our conduct as regard the fight against corruption.

    “The bottom line is that we have a responsibility to fight corruption. Corruption is a crime and nobody, regardless of how highly placed, and is exempted as far as issues that border on crimes and criminalities are concerned.

    “The limited exceptions as we know constitutionally are the exceptions of immunity. And to the best of my knowledge those exceptions do not apply to investigation.

    “For those that are conferred with the immunity, the right to investigate has not been taken away constitutionally.

    “So, I think the framework and the circumstances within which we are operating are clearly whether there exists the right to investigate or not, and whether the action borders on criminality.

    “Once crimes and criminality are concerned, nobody is an exception. I think the undertone should be exclusively the consideration of the existence of a prima facie case; existence of reasonable grounds for suspicion of commission of a crime.

    “And if there are, no member of the Legislature, Judiciary and Executive can definitely be exempted from investigation. I think where we are now is the point of investigation and that is what is taking place,” Malami said.

    While inaugurating the committee, Malami expressed confidence in the ability of its members to execute their responsibilities.

    He said: “The extant review focusing on Chapter I I and V of the UNCAC, relating to preventive measures against corruption in public and private sectors and asset recovery, is both necessary and timely at this time in the annals of our country, when endemic cum systemic corruption has created a great discontent between our nation’s wealth and the quality of life of ordinary citizens.

    Malami, who noted that the objectives of UNCAC were in harmony with the conviction of the current Federal Government to curb corruption, said it was necessary for members of the committee to understand the important task of nation-building which is being committed to their hands.

    “Let me emphasise that the guiding principles of the review is non-adversarial, non-punitive and not aimed at ranking state parties.

    “Nevertheless, members of the expert committee should understand that those selected, appointed or nominated by my office or your various agencies are chosen based on skills, expertise and commitment.

    “It is therefore important to note that your performance in this assignment will be a step in the direction for us as a country and people to achieve the goals that we have set for ourselves – prevent corruption, recover, return and manage stolen assets,” Malami said.

    Members of the committee are drawn from 22 agencies of the federal government, including Independent Corrupt Practices and other related offences Commission (ICPC), Economic and Financial Crimes Commission (EFCC), Special Control Unit against Money Laundering (SCUML), Technical Unit on Governance and Anti-corruption Reforms (TUGAR).

     

  • FHC judges shun courts in solidarity with arrested colleagues

    FHC judges shun courts in solidarity with arrested colleagues

    …Ohakim’s, Badeh’s trials affected

     

    Judges of the Federal High Court in Abuja Monday shunned court in solidarity with one of the colleagues arrested by the Department of State Services (DSS).

    One of the judges arrested during last Saturday’s raid by the DSS is Justice Adeniyi Ademola, who sits in Court 7 of the Federal High Court, Abuja.

    Litigants, whose cases were scheduled for Monday, were disappointed when, on getting to court, they learnt that the judges would not sit.

    Some of the major cases affected were those involving former Chief of General Staff, Alex Badeh, former Imo State governor, Ikedi Ohakim and the case filed against the House of Representatives by Shell Nigeria Exploration Production Company Limited (Shell).

    Ohakim is being tried before Justice Ademola on a three-count charge of money laundering and false asset declaration.

    He is accused of purchasing a property at 60, Kwame Nkrumah Street, Plot No 1098, Cadastral ZoneA04,  Asokoro District, Abuja with cash payment of $2.29 which was said to be dollar equivalent of N270m in November 2008.

    Ohakim was also accused of failing to declare the property as part of his assets when asked by the EFCC to do so.

    He was to open his defence Monday, but for absence of the trial judge. No date is fixed yet for the case.

    Badeh and a company, Iyalikam Nigeria Limited are being tried before Justice Okon Abang for allegedly diverting about N1.4billion belonging to the Nigerian Air Force (NAF) between January and December, 2013, an offence which contravenes Section 15 (2) (d) of the Money Laundering (Prohibition) Act, 2011 (as amended) and punishable under Section 15(3) of the same Act.

    Trial was expected to continue Monday.

    Shell is challenging the jurisdiction of the House of Reps to investigate the process leading to the allocation of oil wells to it.

    It is also the company’s contention, in the suit marked: FHC/ABJ/CS/443/2016, that the planned investigation was subjudice as a similar case filed earlier by Malabo Oil was still pending before the court.

    Hearing was to open in the case Monday before Justice Abang.

  • CJN deplores arrest of judges

    CJN deplores arrest of judges

    …NJC will address it at tomorrow’s meeting
    The Chief Justice of Nigeria (CJN), Justice Mahmud Mohammed has expressed discomfort over Saturday’s arrest of some judicial officers by men of the Department of State Services (DSS).

    The CJN, who spoke this morning at a valedictory court session held in honour of retiring Justice Suleiman Galadima (of the Supreme Court, described the development as saddening and unfortunate.

    “My Lords, invited guests, ladies and gentlemen, not to distract from this occasion, it is indeed very saddening and deeply regrettable, the distressing and unfortunate incident, which occurred on Friday, 7th October and Saturday 8th October, 2016.

    “However, I must ask all Nigerians to remain calm and prayerful, as an emergency meeting of the National Judicial Council (NJC) will take place tomorrow, will comprehensively look into the matter.

    “Furthermore, I must express my sincere appreciation to the executive of the Nigeria  Bar Association (NBA), ably led by the President, Abubakar B. Mahmud (SAN) and indeed, all members of the legal profession for their prompt action and continued support.”

  • Police, DSS urge INEC to postpone Edo guber poll

    Police, DSS urge INEC to postpone Edo guber poll

    The Nigeria Police Force (NPF) and the Department of State Services (DSS) on Wednesday appealed to the Independent National Electoral Commission (INEC) to postpone the Edo governorship election scheduled for Sept. 10, citing security threat.

    The Force Spokesman, Deputy Commissioner of Police, Don Awunah, made the call at a joint news conference by the police and the DSS in Abuja.

    He said that credible intelligence available to the agencies indicated plans by insurgent and extremist elements to attack vulnerable communities and soft targets.

    Awunah said that Edo was among the states being earmarked for the planned attacks by the extremists between Sept. 12 and 13 respectively.

    He said that while election was important, security agencies cannot allow the peace of the country to be disrupted.

    ” We will continue to be vigilant and ensure consolidation of the successes gained in the current counter-insurgency fight.

    “It is in these regard that we are appealing to INEC which has the legal duty to regulate elections in the country to consider the need for possible postponement of the date of the election,” he said.

    He said that the postponement would afford security agencies to deal decisively with the envisaged terrorist threats.

    “While the police and DSS remain mindful of the inconveniences this request may cause stakeholders, it is our strong resolve that security agencies need not to be distracted from ensuring a peaceful Nigeria,” he said.

    The spokesman assured Nigerians that security agencies in the country would continue to remain focused and committed.

    “The attention of security agencies should be drawn to any observed unusual movements or actions by groups or individuals in your neighbourhoods,” he said.

     

  • Court refuses to stop Kashamu’s arrest

    Court refuses to stop Kashamu’s arrest

    ….Orders service of court documents on DSS, NPF

    A Federal High Court in Abuja Tuesday declined to grant an order sought by Senator Buruji Kashamu to restrain the Department of State Services (DSS) and the Nigeria Police (NPF) from arresting and extraditing  to the United States.

    Kashamu, a Senator Representing Ogun East, had through his lawyer, Godswill Mrakpor filed a fundamental rights enforcement suit and accompanied it with a motion ex-parte for injunction.

    He had sought to restrain the respondents from taking steps to arrest him pending the determination of the substantive suit.

    Tuesday, Justice Okon Abang declined to grant an ex-parte injunction.

    Instead, the judge ordered that the respondents be served with the motion and for them to attend court on the next adjourned date to show cause why Kashamu’s prayers, as contained in the ex-parte application, should not be granted.

    Kashamu, in a supporting affidavit, stated that the security agencies are acting based on a “politically motivated petition” authored by one Oladikupo Adebutu from Ogun State.

    He alleged that there were moves to arrest him and transport him to the US to face drug-related charges.

    Kashamu argued that the move to arrest and extradict him was contrary to orders earlier made by the Lagos division of the Federal High Court in two suits marked: FHC/ L/CS/49/2010 and FHC/L/CS/508/2015 which he had filed on the same issue.

  • Court of Appeal puts Dasuki’s appeal on hold

    Court of Appeal puts Dasuki’s appeal on hold

    The Court of Appeal on Monday put on hold hearing on an appeal filed by Sambo Dasuki, seeking discharge of all the criminal charges against him by the Federal Government.

    The presiding Judge, Justice Abdul Aboki, held that the appeal was not ripe for hearing since parties had failed to file all relevant process before the court.

    “As you have all seen, the respondent’s brief is not before us which means the process that should give room for the hearing of the appeal is not concluded yet.

    “We shall not be giving parties any date again until the proper thing is done,’’ Aboki held.

    The applicant (former National Security Adviser) headed to the appellate court over his prolonged detention by the Department of State Services (DSS).

    Dasuki had prayed the appellate court to set aside a judgment by an Abuja High Court that refused to stay proceedings of his trial following his prolonged detention.

    It would be recalled that Dasuki had been detained by the DSS since December 2015.

    He further urged the court to absolve him of the pending charges on account of the federal government disobedience to a court order which granted him bail.

    His re-arrest by the security agency came after Justice Ademola Adeniyi of the Federal High Court, Abuja, granted him bail from the custody of the EFCC.

    In his appeal, he also sought the stay of proceedings on his trial pending the obedience of three court orders granting him bail by the government.

    Dasuki said the Abuja High court which refused his earlier application for stay of proceedings of his trial erred in its ruling.

    The applicant is standing trial for alleged misappropriation of more than two billion dollars meant for arms purchases for the country’s military to fight the Boko Haram insurgents.

  • DSS arrest former Army Chief Ihejirika 

    DSS arrest former Army Chief Ihejirika 

    The Department of State Services (DSS) has arrested a former Chief of Army Staff (COAS) Lieutenant General Azubuike Ihejirika (rtd).

    Ihejirika was arrested on Tuesday night at his Maitama, Abuja residence.

    The Nation gathered that the former COAS is being investigated over his alleged sponsorship of the Independent People of Biafra (IPOB) agitators.

    It was also learnt that his arrest was not unconnected to the ongoing $2.1 billion arms purchase probe involving former National Security Adviser, Colonel Sambo Dasuki (rtd).

    Since his retirement, various allegations have been levied against the former COAS including that raised by an Australian, Stephen Davis who was invited by the Federal Government to negotiate with extremist sect, Boko Haram.

    Davis in his report, alleged that Ihejirika and a former Borno State Governor, Ali Modu Sheriff were among the financiers of the terrorists sect.

    But the duo have since denied the allegations, with Ihejirika describing it as frivolous and a ploy to distract security agencies.

  • Judge’s absence stalls ruling on legality of Dasuki’s detention

    Judge’s absence stalls ruling on legality of Dasuki’s detention

    The Absence of Justice Adeniyi Ademola of the Federal High Court, Abuja stalled the ruling scheduled fro yesterday on whether or not the continued detention of former National Security Adviser (NSA), Sambo Dasuki was legal.
    Dasuki, who is on trial before the court on charges of money laundering and illegal possession of firearms, had challenged his continued detention and urged the court to either quash the charge against him or halt proceedings indefinitely until he was released from detention.
    The ex-NSA, in a motion argued by his lawyer, Joseph Daudu (SAN), accused the prosecution of violating an earlier of the court, admitting him to bail. He urged the court not to further indulge the prosecution by allowing it to continue with proceedings in the case.
    Justice Ademola was expected to rule yesterday on whether or not Dasuki’s continued detention by the Department of State Services (DSS) was a violation of his earlier orders granting him bail and permitting him to travel abroad for medical reasons.
    When parties got to court yesterday, they were informed by court officials that the judge was not available.
    It was learnt that the judge’s absence was in relation to the court’s Easter vacation which was still on as at yesterday.
    No date has been fixed for the ruling as an official of the court said it was the prerogative of the judge only to determine when to schedule for judgement or ruling.
    Similar application by Dasuki had been rejected by two judges in earlier rulings.
    Justice Peter Affen of the High Court of the Federal Capital Territory (FCT) had, in a ruling on March 4 this year, held thaT Dasuki’s application lacked merit.
    The judge further held that the order granting bail to the defendant (Dasuki) did not preclude him from being re-arrested by other agencies of the Federal Government in respect of other alleged crime.
    “Though, both the Economic and Financial Crimes Commission (EFCC) and the DSS are agencies of the Federal Government of Nigeria, they are established under separate enactments and vested with distinct legal persona, powers and responsibilities such that one is not liable for action or inaction of the other.
    “Even criminal prosecution is undertaken by them separately in the name of the Federal Government of Nigeria merely to facilitate the due administration of justice, which does not alter the mark of separate and distinct legal identities.
    “This being so, the inevitable conclusion to reach is that the applicant has not made out a proper case of disobedience of the order made by this court on December 21, 2015 and therefore there is no legal or factual basis upon which the court can prohibit the complainant from further prosecuting the instant charges not to mention any other charge before any other court as prayed by the second defendant.
    “The point has already been made that the order allegedly disobeyed or violated did not contemplate any government agency other than the EFCC and that this court did not restrain the arrest, the re-arrest or detention of the second defendant or any of the defendants for further offences when alleged against them,” the judge said.
    Justice Affen added that there was “no correlation” between the prayer sought by Dasuki to discharge him and the alleged disobedience of court order.
    “I have found no correlation whatsoever and none has been demonstrated between the alleged disobedience of court order and being discharged of the offences charged.
    “I take the considered view that even if the second defendant/applicant has succeeded in establishing the case of disobedience of the orders granted on December 21, 2015, and I have already held that he did not do so, that would not constitute valid grounds for discharging him of the offences preferred against him,” he said.
    On February 9 this year, Justice Hussein Baba Yusuf (also of the High Court of the FCT) held, in a ruling on   a similar application by Dasuki, held that the ex-NSA was in error in his argument that his continued detention was in breach of a subsisting order of the court.
  • Jonathan’s ex CSO speaks, says ‘I ‘m hale and hearty’

    Jonathan’s ex CSO speaks, says ‘I ‘m hale and hearty’

    Ex-Chief Security Officer (CSO) to former President Goodluck Jonathan, Mr. Gordon Obuah, has dismissed speculations of his purported death in detention, saying “I am hale and hearty”.

    Obuah, who spoke to journalists at the Abuja headquarters of the Department of State Services (DSS) said he was being held to account for his stewardship under Jonathan.

    Allaying fears over possible ill treatment, Obuah maintained that he was still in the service of the DSS, which he described as a responsible organisation that will never cause him harm orb inflict pain on him.

    Looking healthy in a beige coloured kaftan, the ex CSO used the opportunity to thank his family and members of the public for their concern over his wellbeing.

    Obuah said it became necessary for him to personally clear the air on his purported ill health and rumoured death, saying the DSS has been according him the privileges deserving of a serving officer.

    “Ladies and gentlemen, I came out this afternoon to dispel the rumour making rounds that I was dead. This morning, I was shocked at the report in some media that I was dead.

    “This is me. I am hale and hearty. I was only invited six days ago by my employer to give account of my stewardship as the CSO to the former President Goodluck Jonathan. As you can see, I am alive, hale and healthy.

    “Nigerians should be aware that the DSS is a serious organisation. As a Security Service, and more so the fact that I am still an employee of the DSS, I am constrained from divulging any more information until the right time.

    “I want to seize this medium to thank all Nigerians for their concern and care towards me. I also want to inform them that I am alive, hale and healthy”.

    Obuah was arrested on Thursday by operatives of the DSS and has since been in the custody of the agency.