The Nation Newspaper

Tag: Justice Hussein Baba-Yusuf

  • Updated: Suspended SEC, DG Gwarzo, one other arraigned over alleged fraud

    Suspended Director General (DG) of the Security and Exchange Commission (SEC), Mounir Haliru Gwarzo and an Executive Commissioner, Corporate Services in the agency, Zakawanu Garuba have been arraigned before a High Court of the Federal Capital Territory (FCT) in Maitama, Abuja.

    They were arraigned on Tuesday on a five-count charge marked: CR/185/18, in which they were accused of misappropriating about N115million naira.

    Gwarzo was accused by the prosecuting agency, Independent Corrupt Practices and other related offences Commission (ICPC) of among others, using his position to confer corrupt advantage upon himself when he received N104.8m as severance benefit when he was yet to retire.

    He was also accused of receiving N10.98m “in excess of car grant payable to you.”

    Garuba was accused of among others, using his position to confer corrupt advantage on another public officer by approving the two sets of money Gwarzo allegedly received.

    Three counts in the charge affected Gwarzo, while the other two were directed at Garuba.

    Gwarzo, dressed in white kaftan and Garuba, who was dressed in deep blue suit, stood in the dock during the about an hour proceedings.

    They pleaded not guilty to the charge when it was read to them by an official of the court.

    Read Also:Alleged N104.8m fraud: Gwarzo heads for Industrial Court

    Defence lawyers, Abdulhakeem Mustapha (SAN) and A. A. Malik told the court about the bail applications they filed for the defendants, which they later moved upon the court’s permission.

    Prosecution lawyer, Henry Emore did not object to the bail applications.

    He however urged the court to grant bail on terms that will enable the defendants attend court during trial.

    Ruling, Justice Hussein Baba-Yusuf granted them bail at N25m, with a surety each, who must be a Deputy Director in any Federal Government ministry or agency

    The judge also directed that the sureties must own land within the FCT, while the defendants are to deposit their international passports with the court’ Registry.

    He adjourned to June 28 and 29 for the commencement of trial.

    The five counts read;

    *That you Dr. Mounir Haliru Gwarzo (m) sometime in June 2015 or thereabout, at Abuia, Federal Capital Territory, while being a public officer, used your position as the Director-General of the Security and Exchange Commission (SEC) to confer corrupt advantage upon yourself when you received the sum of N104, 851,154.94 (one hundred and four million, eight hundred and fifty one thousand, one hundred and fifty four naira, ninety four kobo) as severance benefit whereas you were yet to retire, resign or disengage from the service of SEC and you thereby committed an offence contrary to and punishable under section 19 of the Corrupt Practices and Other Related Offences Act, 2000.

    *That you Dr Mounir Haliru Gwarzo,(m) between May 2015 and June 2015 or ‘ thereabout, during the period of your appointment as the Director-General of the Security and Exchange Commission (SEC), being entrusted with the management of the SEC did commit criminal breach of trust to wit: dishonestly misappropriating the sum of N104, 851,154.94 (one hundred and four million, eight hundred and fifty one thousand, one hundred and fifty four naira ninety fear Kobe) as your severance benefit when you are yet to retire, resign or disengage from the service of SEC and you thereby committed an offence contrary to Section 311 and punishable under section 312 of the Penal Code Act, Cap 532 Volume 4 Laws of the Federal Capital Territory Abuja, 2007.

    *That you Dr Mounir Haliru Gwarzo (m) sometime in June 2015 or thereabout, at Abuia Federal Capital Territory, while being a public officer used your position as the Director-General of the Security and Exchange Commission (SEC) to confer corrupt advantage upon yourself when you received the sum of N10,983,488.88( ten million, nine hundred and eighty three thousand, four hundred and eighty eight naira, eighty-eight kobo) in excess of car grant payable to you and you thereby committed an offence contrary to and punishable under Section 19 of the Corrupt Practices and Other Related Offences Act, 2000

    *That you Zakawanu Garuba (m) on or about June, 2015 while being a public officer used your position as a Commissioner in the Security and Exchange Commission (SEC) to confer corrupt advantage on another public officer to wit: approving the sum of N104, 851,154.94 (one hundred and four Million, eight hundred and fifty one thousand, one hundred and fifty four naira ninety four kobo) as severance benefit to the then Director-General of SEC, Dr Mounir Haliru Gwarzo when he was yet to retire, resign or disengage from the service of SEC, and you thereby committed an offence contrary to and punishable under section , 19 Corrupt Practices and Other Related Offences Act, 2000

    *That you Zakawanu Garuba (m) on or about June, 2015 while being a public officer used your position as a Commissioner in the Security and Exchange Commission (SEC) to confer corrupt advantage upon another public officer to wit: approving the Sum of N10,983,488.88 (ten million, nine hundred and eighty three thousand, four hundred and eighty-eight naira, eighty-eight kobo) in excess of car grant payable to the then Director General of SEC; Dr Mounir Haliru Gwarzo and you thereby committed an offence contrary to section 19 of the Corrupt Practices and Other Related Offences Act 2000.

     

     

  • Dasuki: Absence of judge stalls commencement of trial

    Dasuki: Absence of judge stalls commencement of trial

    The absence of Justice Hussein Baba-Yusuf on Thursday stalled the trial of former National Security Adviser(NSA),retired Col. Sambo Dasuki in an FCT High Court Maitama .

    Dasuki, NSA to former President Goodluck Jonathan, was arraigned on a 22- count charge, bordering on diversion, conspiracy, bribery, abuse of office and criminal breach of trust involving N19.4 billion.

    Others in the trial are: Amb. BashirYuguda, Shuaibu Salisu, a former Director of Finance, Office of the National Security Adviser, Dalhatu Investment Ltd, Sagir Attahiru and Attahiru Bafaarawa, former governor of Sokoto State.

    The judge was unavoidably absent to hear the case adjourned until Thursday.

    The News Agency of Nigeria (NAN) reports that the court did not sit but the defendants and their counsel were present in court except Dasuki.

    The trial was adjourned until Sept. 27 with the consent of all the counsel in the matter.

    NAN also reports that Dasuki was also arraigned on another 19-count charge bordering on diversion of funds pending in the same court.

    He is being tried alongside Shuaibu Salisu, a former Director of Finance, Office of the National Security Adviser, and Aminu Baba-Kusa ,a former NNPC Executive Director.
    Also being tried were two firms, Acacia Holding Limited and Reliance Referral Hospital Limited.

    The Economic and Financial Crimes Commission (EFCC) preferred the charges against the defendants since 2015.

     

  • Court adjourns reverend father’s rape case until May 25

    A Federal Capital Territory High Court sitting in Maitama on Wednesday adjourned until May 25 to commence hearing in a case of rape of a minor brought against a reverend father, Anthony Ochigbo.

    The case which is being tried by Justice Hussein Baba-Yusuf was adjourned after the prosecuting counsel, Mr John Ijagbemi, wrote the court asking for adjournment.

    Ijagbemi said he was attending another court for a different case.

    The court had sometime in November 2016 adopted the bail condition given to Ochigbo earlier in another court.

    The counsel told the court that Ochigbo, 44, of Catholic Church of Assumption, Asokoro, Abuja, on Aug. 15, 2016 allegedly abused a 10-year-old girl sexually.

    He said Ochigbo had an unlawful sexual intercourse with her in the church which contravened  Sections 31 (1) and 32(2) of the Child Rights Act, 2003.

    Ochigbo was earlier arraigned before Justice Olukayode Adeniyi on Aug. 30, 2016 during courts’ vacation.

    Adeniyi granted him a N2 million bail with two sureties, who must be civil servants not below Grade Level 14.

    In addition, he said the sureties must be reside within the court’s jurisdiction.

  • Court grants Dasuki, Salisu, Baba-Kusa bail

    Court grants Dasuki, Salisu, Baba-Kusa bail

    • Trial opens Jan 21

    A High Court of the Federal Capital Territory (FCT), Abuja has granted bail to former National Security Adviser, Colonel Sambo Dasuki and two others.

    The others are ex-Director of Finance and Administration in the office of the NSA, Shuaibu Salisu and former Director of the Nigerian National Petroleum Corporation (NNPC), Aminu Baba-Kusa.

    They were arraigned on December 14 before the court on a 19-count charge bordering on criminal diversion of funds preferred against them by the Economic and Financial Crimes Commission (EFCC).

    Friday, Justice Hussein Baba-Yusuf, in a ruling on their bail application, admitted each of them to bail at N250million and one surety at the same amount.

    The judge said the sureties must show evidence of owning a property in the Federal Capital Territory worth N250m.

    The judge further directed that the surety must be a Civil Servant not below the rank of a Director in the Federal Civil Service.

    The surety must also swear to an affidavit of means while the accused persons are expected to deposit their travel documents before the court in addition to informing the court whenever they need to travel outside the federal capital territory.

    The judge adjourned to January 21 next year for commencement of trial.

    Dasuki, Salisu, Baba-Kusa and two companies – Acacia Holdings Limited and Reliance Referral Hospital Limited were charged with conspiracy and criminal breach of trust under the Penal Code Act and the Economic and Financial Crimes Commission (Establsihment) Act.

    Dasuki and Salisu were accused of distributing funds held in the account of the NSA in the Central bank of Nigeria (CBN) to politicians, media practitioners and businessmen purportedly for political campaigns and organizing of prayer sessions.

    The duo was, in counts 5, 6, 7 and 8 accused of paying N2.2billion to Baba-Kusa through  the bank accounts of Acacia Holdings Limited and Reliance Referral Hospital Limited in Zenith Bank Plc.

    Dasuki, Salisu and former Special Assistant, Domestic Affairs to the President, Hon. Warimpamowei Dudafa (now at large) were, in count 1, said to have received N10billion, which they converted to $47m and 5.6m Euro, and claimed to have distributed to  the Peoples Democratic Party (PDP) presidential primary election delegates  around November 27, 2014.

    Dasuki and Salihu were, in count 2, said to have, between January 22 and March 19, 2015 “remitted N2, 120,000,000 into the account of DAAR Investment and Holding Company Limited   controlled by one Dr. Raymond Dokpesi for the funding of the media activities for the 2015 presidential election campaign for the Peoples Democratic Party (PDP).

    They were in counts 15, 16 and 17 accused of paying N670m “to the bank account of General Hydrocarbons Limited with Guaranty Trust Bank Plc controlled by one Obaigbena Nduka purporting the said sum to be payment for’ energy consulting’; “N250m to the bank account of Tony Anenih with First Bank of Nigeria Plc”; and “N345m to the bank account of Starbriid Limited with Stanbic IBTC Bank and Guaranty Trust Bank controlled by one Emmanuel Lawani on behalf of Senator Iyordhia Ayu for the construction of shopping mall at Jabi, Abuja.

    Baba-Kusa, Acacia Holdings and Reliance Referral Hospital were charged in counts 9, 10, 11 and 12 for receiving funds from Dasuki and Salihu which they knew to be proceeds of criminal conduct.

    The accused persons pleaded not guilty to the charge when it was read to them.

  • Court sacks PDP acting chair, Secondus

    Court sacks PDP acting chair, Secondus

    • Orders Secondus to vacate office in 14 days

    Justice Hussein Baba-Yusuf of the High Court of the Federal Territory (FCT), Maitama, Abuja has sacked the Acting Chairman of the Peoples Democratic Party (PDP), Uche Secondus.

    The judge, in a judgment in a suit by former Political Adviser to ex-President Goodluck Jonathan, Ahmed Gulak, held that Secondus was occupying the party’s Chairmanship seat illegally.

    Justice Baba-Yusuf noted that Secondus was from Rivers State, and not North-east geopolitical zone to which the PDP zoned the position.

    He gave Secondus 14 days within which to vacate the office and directed that the plaintiff or any other party member worthy of that position should take Secondus’ place.

    Lawyer to the PDP and Secondus, Chuwan Isaiah Paul, said the party will appeal the judgment and seek a stay of its execution to allow the party’s  current leadership prepare for its national convention slated for March next year.

    Justice Baba-Yusuf upheld rejected argument by Secondus and PDP (listed as defendants in the suit) that Gulak lacked the locus standing to initiate the suit having allegedly defaulted in the payment of party’s due.

    The judge also rejected the defendants’ argument that Gulak failed to explore the party’s internal mechanism for dispute resolution before approaching the court.

    The judge had, on November 30 reserved judgment in the case after entertaining argument from parties.

    Gulak had argued that Secondus was occupying the position illegally. He contended that by virtue of the provision of Article 47(6) of the party’s constitution, “the 2nd defendant (Secondus) form Rivers State, cannot replace the immediate past Chairman, Alhaji Muazu, who left office about seven months ago.

    He faulted the defendants’ claim that the party’s elders were working on a process to ensure a replacement for Muazu by next March,

    Gulak argued that it was unlawful and a breach of the party’s constitutional provisions for Secondus to hold office for over seven months in Acting capacity and refuse to allow a member form the geo-political zone where the last chairman came from to replace him.