The Nation Newspaper

Tag: National Security Adviser (NSA)

  • Dasukigate: Court okays EFCC’s detention of Omisore

    Dasukigate: Court okays EFCC’s detention of Omisore

    Detained former Osun State Deputy Governor, Iyiola Omisore failed Friday in his quest for freedom as a High Court in Abuja dismissed his bail application.

    Omisore was arrested by the Economic and Financial Crimes Commission (EFCC) on July 3 for allegedly receiving about N1.3bn from the Office the immediate past National Security Adviser (NSA), Sambo Dasuki in 2014 with no evidence of projects executed.

    He applied to the High Court of the Federal Capital Territory (FCT), alleging unjust detention, breaches of his fundamental rights and sought to be admitted to bail.

    In a ruling Friday, Justice Olukayode Adeniyi faulted Omisore’s rationale for filing the application.

    The judge said Omisore’s prayers could not be granted because he filed the application while the order of the court, empowering the EFCC to remand him, was still subsisting.

    The judge noted that the order to remand him for 14 days was made by Justice J.O Okeke (also of the FCT High Court) on July 8, while Omisore filed the bail application on July 11.

    Justice Adeniyi held that the only option open to Omisore was to await the expiration of the remand order to renew his application for bail.

    The judge said under the Administration of Criminal Justice Act (ACJA) 2015, where an order for the remand of a suspect is made by a High Court, the order can only be reversed or set aside by a court sitting as an appellate jurisdiction.

    Justice Adeniyi observed that lawyer to Omisore, Goddie Uche (SAN) failed to show with “any legal submission” that the court has the power to grant bail to the suspect despite the subsistence of the earlier order for his remand.

    He noted that: “In the present case, the remand order was issued on July 8, 2016. It is not in dispute that this instant application was filed on the same date on July 8, 2016 and up till date, the said remand order has yet to fully run its course.

    “Therefore, by my understanding of the provisions of the ACJA, the only time the court is competent to consider whether or not to exercise its discretion to grant bail to a suspect, in the same situation with the applicant in the present case, is either pursuant to section 295 of the ACJA, at the point the application for remand is made, or in the case when a suspect is still in custody or remand at the expiration of the order of remand made pursuant to section 296(1) and (2) of the Act,” the judge said.

    Justice Adeniyi said if Omisore’s lawyer had informed Justice Okeke that the EFCC had granted the ex-Senator an administrative bail, the order for his remand may not have been made, and perhaps, Justice Okeke might have granted bail to Omisore.

    The judge added, “Nevertheless, the court, having in its wisdom and competently so, ordered the remand of the applicant in the first respondent’s (EFCC’s) custody for 14 days, which order is still subsisting, any attempt to grant the instant application will be tantamount, in my firm view, to vacating the remand order.

    “I do not suppose that the ACJA envisages or contemplates the situation wherein, a court other than a court exercising appellate jurisdiction, having made an order of remand under sections 294 and 296 thereof, should proceed within the lifespan of the same order to make such other order upon the application of the suspect which has the effect of countermanding the remand order.

    “The applicant’s learned counsel has failed to show what power this court has and I am not aware of any to make an order in the nature as prayed in the instant application which has the tendency and implication of upturning a subsisting order of my learned brother, Okeke J.

    “I must therefore agree with the submissions of the first defendant’s counsel that in the present situation, that the court having made an order for the remand of the applicant for a period of 14 days, cannot turn around to make another order countermanding the same order for remand for the release of the applicant on bail.

    “In other words, the issue of bail to the suspect cannot arise before the same court that has validly made an order for his remand during the lifespan of the order.

    “In my view, the cause open to the applicant is to await the expiration of the order made on July 8, 2016 and thereafter exercise his rights under section 296(3) of the ACJA to renew his application for bail.

    “In totality, and without any further ado, my decision is that the instant application is premature in the circumstance. It is hereby incompetent and inappropriate.

    “Even though, I have not considered it on merit, the application must and is hereby dismissed,” Justice Adeniyi said.

    The EFCC had, while opposing the bail application on Thursday, justified its continued detention of Omisore and urged the court to refuse his application.

    The commission, in a counter affidavit deposed to by one of its operatives, Kassim Yusuf, said it was‎ still investigating Omisore for alleged offences including, retention of proceeds of crime, among others. Yusuf, who stated that Omisore’s arrest and detention were backed by court orders, said the commission was planning to invite a number of the ex-Deputy Governor’s associates, who he named during interrogation.

    He said the EFCC is ” investigating cases of alleged payments $ade by the office of immediate past National Security Adviser, Col. Mohammed Sambo Dasuki (rtd) to individuals and companies, with nothing to show for it.

    “In one of the alleged cases which the 1st respondent (EFCC) is investigating, the name of the applicant (Omisore) featured prominently as a sole signatory to Firmex Gilt Ltd’s bank account domiciled at United Bank for Africa (UBA) Plc.

    “A copy of a letter to UBA, forwarding signatory mandate card and statement of account of Firmex Gilt Ltd is hereby attached.

    “Several payments were also made by the office of the immediate past National Security Adviser, Col. Mohammed Sambo Dasuki Trtd) into the bank account of Sylvan Menamara Ltd domiciled at Diamond Bank, with nothing to show for for it.

    “Copies of e-payment schedules from ONSA and statement of accounts of Sylvan Menamara Ltd are hereby attached.

    “From Sylvan Menamara Ltd’s Diamondaccount, the sum of N160,000,000 was deposited into the said account on 4th August, 2014 by the then NSA. Thus sum was subsequently transferred into Firmex Gilt Ltd’s bank account domiciled at UBA Plc on 8th August 2014.

    “Investigation so far carried out, reveals that the applicant recieved hundreds of millions of naira from the office of the National Security Adviser, with nothing to show for it.

    “In the course of interviewing the applicant, he has mentioned names of persons and companies through which monies from the office of the National Security Adviser got to him.

    “There is need to those persons and companies mentioned by the applicant to make some clarification. If the applicant is granted bail, he will interfere with witnesses and he will also prejudice and frustrate our on-going investigation,” Yusuf said.

  • 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.
  • BREAKING: Court orders EFCC to release ex-Dasuki’s aide

    BREAKING: Court orders EFCC to release ex-Dasuki’s aide

    The High Court sitting in Abuja has ordered the Economic and Financial Crimes Commission (EFCC) to immediately release Col. Nicholas Ashinze, a former aide to the immediate past National Security Adviser (NSA), Col. Sambo Dasuki (rtd), who has been in detention since December 23, 2015.

    While delivering the ruling on Monday, ‎Justice Yusuf Haliru ordered the commission to release Ashinze on self-recognition and also release all the documents and items the anti-graft agency seized from the house of the applicant.

    In his ruling, the Judge held that detaining Ashinze for over three months without trial was “‎illegal, wrongful, unlawful and constituted a blatant violation of the fundamental rights of the applicant.”

    Berating EFCC and the Nigerian Army for acting as if Nigeria was still under the military ‎dictatorship, the judge stated that the constitution stipulated that any person detained should be charged to court within reasonable time not exceeding two months from the date of arrest.

    “The EFCC is a creation of the ‎law. The court will not allow it to act as if it is above the law. It is remarkable to note that the motto of the EFCC is that nobody is above the law, yet they are acting as if they are above the law.

    “The EFCC Act is not superior to the constitution of the Federal Republic of Nigeria. The respondents in this matter have not behaved as if we are in a civilised society. They have behaved as if we are in a military dictatorship ‎where they arrest and release persons at will.

    “The respondents, I must be bold to say – the EFCC and the Army- have behaved like illiterates,” Justice Haliru noted.

    In his verdict, the Judge quoting section 36 of the 1999 constitution, as amended maintained that an accused person is deemed innocent until his guilt is established.‎

    “Why has the 1st respondent kept the applicant without bringing him to court? Why was the applicant, being a serving military officer who could be easily reached, not granted administrative bail? Or is it that the applicant has been found guilty and already serving his jail term?‎

    “Nobody should be subjected to the whims and caprices of the EFCC. The essence of the rule of law and constitutional provisions is to ensure a just balance between the ruler and the ruled, between the powerful and the weak.

    “Though the EFCC has the responsibility to investigate financial crime, it must however conduct its operations in accordance with the rule of law.

    “The court is empowered to guard against improper use of power by any member of the society or agency, EFCC inclusive.‎

    “The detention of the applicant, for all intent and purposes, is not just unfair but unfortunate,” the judge ruled.

  • DasukiGate: Justice must prevail in citizen’s interest – ACLN

    DasukiGate: Justice must prevail in citizen’s interest – ACLN

    The Association for Credible Leadership in Nigeria (ACLN) has expressed support for the ongoing anti-graft campaign led by the President Muhammadu Buhari’s administration.

    The association also salutes the Economic and Financial Crimes Commission (EFCC) for unraveling the level of involvement of some notable individuals in the arms deal, which has somewhat incapacitated the Nigerian military from properly prosecuting the Boko Haram terrorism in North-Eastern Nigeria.

    ACLN expressed their support in a statement, commending the EFCC for being able to expose the corruption in Nigeria, especially among senior citizens without fear or favour. “This shows to us that the government is on the right cause against corruption,” the group said.

    The statement reads; “this is also a confirmation that the current administration empowers institutions and not individuals unlike past administration in the country.

    “It is rather sad for the former National Security Adviser (NSA), Col. Dasuki Sambo (rtd.), who should be leading the battle against Boko Haram insurgents to be found leading the team of corrupt politicians who cared less about an average citizen. What sort of advice was he rendering the President Goodluck Jonathan’s administration.

    “The implications of what Dasuki did include portraying Nigeria and her citizens in a bad light of terrorism before the international community, killing of several innocent souls, as well as squandering national funds which is largely average citizen’s tax money.

    “No doubt, considering the state of infrastructures in the country, the diverted US$2 billion dollars (N13 billion) would have helped to an extent in advancing the course of building Nigeria.

    “The ACLN condemn the wicked act of Col. Dasuki as well as Chief Raymond Dokpesi of Africa Independent Television (AIT) and others involved in the arms deal who are yet to be exposed.

    “We believe like many other logical persons will agree that such callous act is responsible for the further escalation of the war against terrorism in the Country.”

    According to the association, the Nigerian Army, who have tried in terms of manpower despite losing gallant war men to such a petty battle, would have been in control of the battle and secure Nigeria’s territories if they were better equipped.

    “Similarly, the death of these soldiers who were not given adequate weapon to withstand the firepower of the Sect, the killings and kidnapping of innocent and vulnerable citizens (women and kids), who would not have experience such if adequate funding have been made available to the army, all call for justice,” the group added.

    The ACLN urge the Attorney General of the Federation and Minister of Justice, Abubakar Malami (SAN), to allow the rule of law prevail as everyone indicted in the deal must be made to face the full weight of the law and ensure that all looted funds are recovered.

    “At this stage of the revelations of the arms deal, the United Nations’ judicial organ, the International Court of Justice (ICJ) and all other relevant international authorities may need to step in, to ensure that judgement is not manipulated in Nigeria.

    “We are saying this because despite the magnitude of the effect of the deal and the caliber of persons involved, the Federal High Court sitting at Maitama, Abuja granted bail to Dasuki, the former Executive Director of the Nigerian National Petroleum Commission (NNPC), ‎Aminu Baba-Kusa‎ and three others, to the tune of N250 million each, while all accused persons have suddenly developed strange health issues for which they are attempting to flee the country.

    “What we are saying is that if justice must be done, such penalty is too meager for an offence that has not only claimed the lives of thousands of Nigerians, Niger, Cameroon and Chad have also suffered casualties.

    “The ACLN consider this as a shame on the past administrations for painting such a wicked picture of leadership for the younger generation of Nigerians. Thus, if judgement is not properly melted out, there are chances of today’s youths treading the same path in few years time.

    “We therefore call on the National Assembly to work with President Buhari in overhauling the Nigerian law, if the fight against corrupt practices must be won in the country,” the association noted.

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  • Court denies granting N250m bail to Dasuki, others

    Court denies granting N250m bail to Dasuki, others

    Authorities of the Federal High Court of Nigeria (FHCN) have dissociated the court from media reports to the effect that the court granted bail at N250million to the immediate past National Security Adviser (NSA), Colonel Sambo Mohammed Dasuki (rtd) and others being tried in relation to the $2.1billion arms purchase scandal.

    The court’s Acting Chief Registrar, Emmanuel Garko noted Wednesday that the Federal High Court could not have granted bail to any of those being tried in relation to the arms deal because none of them was charged before the court.

    Garko, in a statement Wednesday, said the clarification was necessary in view of misrepresentation in the media that the Federal High Court granted bail to Dasuki and others at N250 m each.

    The Nation recalls that Dasuki and others were only granted bail on two occasions on December 18 and 21 last year at N250m by Justices Hussein Baba-Yusuf and Peter Affen of the High Court of the Federal Capital Territory (FCT).

    Dasuki is currently involved in three criminal cases pending before the Federal High Court, Abuja and the High Court of the Federal Capital territory (FCT), Maitama, Abuja.

    Dasuki is being tried alone on a five-count charge of money laundering involving about N84.6m and illegal possession of firearms before Justice Adeniyi Ademola of the Federal High Court, Abuja.

    The second case involving Dasuki is that in which he is being tried with an 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 in a 19 count-charge bordering on criminal diversion of funds.

    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 (Establishment) Act.

    The trial judge, Justice baba-Yusuf admitted each of them to bail in a ruling on December 18 at N250m with one surety and adjourned toJanuary 21 for commencement of trial.

    In the third case, Dasuki is being tried with former Minister of State for Finance, Bashir Yuguda, former Sokoto State governor, Attahiru Dalhatu Bafarawa, his son and firm – Sagir Attahiru and  Dalhatu Investment Limited – and former Director of Finance and Administration in the office of the NSA, Shuaibu Salisu in a 22-count charge of alleged diversion of over 20billion.

    Justice Affen, on December 21 last year, granted bail to each of them at N250m with two sureties and fixed February 2 for commencement of trial.

    Garko said “It will be in the interest of the reporters and editors (the media) to note that these cases involving the accused persons are not all before the Federal High Court of Nigeria as reported by some national dailies, but before Justice Hussein Baba Yusuf and Justice Peter Affen of the High Court of the FCT.”

    He explained that the Federal High Court of Nigeria is different from the High Court of FCT, which has their respective jurisdiction.

    He urged the media to be cautious in their operations and always endeavour to cross check facts before publication.

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