Justice Gabriel Kolawole of the Federal High Court, Abuja has ordered the Department of State Services (DSS) Director-General, Lawal Daura, to produce former Benue State Governor Gabriel Suswam on May 11.
The order by the judge was necessitated by the failure of the DSS, in whose custody Suswam was kept, to bring him yesterday for arraignment on a fresh 32-count charge bought against him and two others by the office of the Attorney General of the Federation (AGF).
Suswam, former Finance Commissioner Omodachi Okolobia and Benue State Government House Administration’s Accountant, Janet Aluga were named in the fresh charge filed on March 27.
They are accused, among others, of diverting N9.79 billion, part of which was meant for Police Reform Programme and Subsidy Reinvestment and Empowerment Programme (SURE-P).
Of the three defendants, only Suswam was absent in court when the case was called yesterday.
And, upon enquiry by the judge, the lead prosecuting lawyer, Aliyu Akilu, told said Suswam was being detained by the DSS, but allegedly chose not to attend court.
Akilu said: “The 1st defendant is on administrative bail granted him by the police. But he is currently in the custody of the DSS. We made effort to serve him with the charge there, but he refused. We decided to serve his lawyer, who is in court today.
“He (Suswam) is aware of today’s proceedings. We wrote him, but he refused to attend court. The provision of Section 87 of the Administration of Criminal Justice Act (ACJA), the court can compel his presence. We asked the court to exercise that power,” Akilu said.
Akin Adedeji, who said he appeared for Suswam in protest, faulted the prosecution’s decision to serve the charge on his office as against the requirement that a defendant must be served in criminal cases personally.
Adedeji said: “By 2pm yesterday, two officers of the Nigerian Police walked into our office, seeking to serve a charge on us, in relation to this case. We accepted the charge out of respect for this court.
“That we are representing the 1st defendant in another case did not mean he will engage us to represent him in this. Section 36(c) of the Constitution says, upon service of a charge on a defendant, he has a right to brief any legal practitioner of his choice. The 1st defendant has been in the custody of the DSS since February 25,” Adedeji said.
Lawyer to Oklobia and Aluga, David Iorhemba, noted that since the case was a joint trial, it was impossible for the court to conduct proceedings in the absence of the 1st defendant. He sought an adjournment.
Justice Kolawole said since Suswam was being held by the DSS, the prosecution should serve a copy of the charge on the Legal Department of the DSS for delivery to the 1st defendant.
The judge directed the Director General of the DSS to ensure that the ex-governor is brought to court on the next adjourned date (May 11) to enable him answer to the charge pending against him, if he is not released before then.
A similar scenario played out on March 28, when DSS’s failure to produce Suswam stalled proceedings in another case involving him and Oklobia before Justice Ahmed Mohammed (also of the Federal High Court, Abuja).
Suswam and Oklobia are, in the case, being prosecuted by the Economic and Financial Crime Commission (EFCC) for allegedly diverting N3.1billion belonging to Benue State Government.
The DSS’ refusal to produce Suswam forced Justice Mohammed to adjourn the case to May 9.
Tag: Suswam
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•‘N9.7b’: Court orders DSS to produce Suswam
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Detained Suswam seeks ‘unconditional’ release from DSS custody
Former Governor of Benue State, Gabriel Suswam, who is currently held in the custody of the Department of State Service (DSS) on Tuesday asked the Federal High Court in Abuja to order his unconditional release from detention.
The ex-governor’s request is contained in a fundamental rights enforcement suit filed before the court on Tuesday.
In the suit, Suswam is seeking N10 billion compensation for unlawful incarceration and violation of his rights.
The suit filed by his lawyer, Joseph Daudu (SAN), has the DSS, its Director-General, Lawal Daura, and the Attorney-General of the Federation, Abubakar Malami (SAN) as respondents.
Suswam, against who the Federal Government has filed a fresh 32-count charge, is asking the court to declare his detention since February 25, 2017, without trial, as a violation of his fundamental rights to personal liberty, freedom of movement and dignity of human person.
He asked the court to order his release pending the commencement and determination of his trial, if any charge is ever filed against him on the basis of his ongoing detention.
He sought another order directing the respondents to tender public apology to him in seven national dailies of very wide circulation for the “illegal arrest and detention.”
Suswam also asked for an order of perpetual injunction restraining the respondents particularly the DSS from torturing him and if proven that he had been tortured, the court should “nullify any statements, documents or other materials that may have been extracted or obtained” from him under “such unwholesome and constitutionally prohibited circumstances.”
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Detained ex-Benue Governor Suswam battling for freedom
Former Benue State Governor Gabriel Suswam was battling for bail yesterday after spending over one month in the custody of the Department of State Service (DSS).
It was learnt that the counsel to the former governor, Mr. J.B. Daudu (SAN), came from Kaduna to Abuja yesterday to press for his bail.
The DSS is still investigating the ex-governor for alleged link with a militia leader, Terwaze Akwazza (a.k.a Gana) who has held three local governments captive in Benue State.
The local government areas are Logo, Katsina-Ala and Ukum.
The continued detention of the former governor is said to be for “security reasons.”
The recent invasion of Zaki-Biam by unknown militia was said to have fuelled the decision of the DSS to hold on to Suswam.
Some supporters of the ex-governor, however, suspect that he is being detained because of the forthcoming June 3 local government poll.
Suswam has been battling for bail after spending one month and eight days in custody.
A source said: “Apart from responding to about six petitions, a major claim against Suswam is security reason. The rampaging activities of Terwaze Akwazza (a.k.a Gana) and his boys have been giving the state government a sleepless night.
“There are some intelligence reports that the ex-governor has a link with the militia leader and it might pose a ‘grave security risk’ to release him.
“But the ex-governor, who has denied any relationship with the militia leader, said there was no way he could locate Akwazza.”
Suswam’s counsel, Mr. J.B. Daudu (SAN), has been shuttling between his base in Kaduna and Abuja to secure bail for his client.
“The battle for bail is in process but I don’t think the DSS will yield grounds based on security reasons.
“With the evidence at hand, there is no way Suswam will not be prosecuted for fraud-related cases. The allegations against him are multi-dimensional,” the source added.
Some Benue State leaders are pushing for his release.
Ex-Senate President David Mark wrote an emotional letter to Suswam, urging him not to be dispirited by the situation.
Mark, whose letter was taken to Suswam by a former Minister of Interior, Mr. Abba Moro, asked the ex-governor to be strong and get closer to God.
He said as a Catholic, he could only support the ex-governor with prayers with a caveat that “with faith in God, it will soon be over”.
A source close to the family said: “Suswam is already dejected in custody having been abandoned by his kinsmen and associates. But Mark and some other leaders from Benue State stood by Suswam. They include ex-Commissioner of Police Abubakar Tsav; Moro; a former Speaker of the state House of Assembly, Hon. Mzenda Iho; ex-PDP chairman in Benue State, Emmanuel Agbo; and the party chairman, John Mgbede . Some of them have visited the ex-governor in detention.”
The Benue State government referred the report of the Commission of Inquiry against Suswam and 51 others to the DSS and the Economic and Financial Crimes Commission (EFCC) for further investigation and prosecution.
The over 240 pages report alleged that Suswam and many of his appointees, including civil servants, mismanaged the resources.
The panel recommended that 52 individuals and 10 corporate bodies should refund over N107 billion to the government.
It also recommended deeper investigations and possible refund of over N44 billion from transactions it found not to be in compliance with the financial guidelines.
The panel said N1. 21 trillion accrued to the state from about 27 identified sources out of which N802 billion was appropriated and N219 billion was expended but not appropriated.
The former governor, a former Commissioner, a former Special Adviser on Local Governments and Chieftaincy Affairs and two former permanent secretaries, and a former accountant of the Bureau were alleged to have diverted local government funds amounting to N51, 559,859,968.00 into personal use.
Suswam is facing trial before a Federal High Court in Abuja for alleged N3.1bn fraud relating to the issue raised by the Justice Kpojime-led probe panel.
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Suswam faces fresh DSS probe over six new petitions
•Ex-Benue governor begs for liberal bail terms
•Only wife, counsel allowed access to himThe Department of State Security Service(DSS) has confronted a former Governor of Benue State, Dr. Gabriel Suswam with six new petitions.
The case haul against the governor has now risen to seven, following the initial investigation of the ex-governor’s link with a militia leader in the state.
Suswam, who has been finding it difficult to meet bail conditions, has, however, begged the DSS for liberal terms at least to regain freedom to prepare his defence.
But he is allowed access to his wife, Yemisi Suswam, and his counsel, Mr. J. B. Daudu (SAN), who was a former President of the Nigerian Bar Association(NBA).
The ex-governor was said to have been emotional when his wife visited him on Thursday and said: “Help me beg the DSS and others to grant me bail on liberal terms. I need bail.”
According to findings by our correspondent, Suswam has not been able to give the DSS “credible clues” which could lead to the arrest of a militia leader, Terwaze Akwazza (a.k.a Gana), who has held three local government areas captive in Benue State.
The local government areas are Logo, Katsina-Ala and Ukum.
Akwazza was alleged to have either relocated to some parts of Cross River State or Rivers State.
But it was learnt that while the DSS was considering bail for Suswam, the Benue State Government and others submitted six petitions against him.
Two of the petitions border on the over 240-page report of the Justice Elizabeth Kpojime Commission of Inquiry into state finances from 2007 to 2015 and the alleged misuse of a N4.5billion sourced from capital market.
A top source, who spoke in confidence, said: “The case of Suswam is complex because of the security implications of not apprehending the Benue militia leader, Terwaze Akwazza (a.k.a Gana). He has not been able to provide clues on how to get the suspect that is terrorizing state. He has consistently denied any link with the militia leader.
“While he is grappling with the security factor behind his detention, the DSS has received six new petitions against him, including allegations established against Suswam by the Justice Elizabeth Kpojime Commission of Inquiry into state finances from 2007 to 2015. The panel was set up by Governor Samuel Ortom.
“Now, the burden is on Suswam to act as fast as possible to answer all the allegations in the six new petitions. The DSS has a valid warrant from court to detain him.
“The DSS has been fair to him in custody. He is allowed unfettered access to his wife and counsel. The onus is on him to prove his innocence. As soon as he is able to respond to all the allegations and if he cooperates with the DSS to address security challenge in Benue State, he will be released. The service might also charge him to court.”
The Benue State government had referred the report of the Commission of Inquiry against Suswam and 51 others to the DSS and the Economic and Financial Crimes Commission (EFCC) for further investigation and prosecution.
The over 240-page report alleged that Suswam and many of his appointees, including civil servants, mismanaged the resources of the state.
Those blamed include Hon Solomon Wombo, Omodachi Oklobia, Emmanuel Atini, Asen Sambe, Isaiah Ipevnor, Hon Paul Biam, Aza Biam, Maria Iyortyom, Michael Oko Agbam, Miss Ajuma Olokpo and Abel Musa of GTB.
Others are Mohammed Kabir Rago, Hon. Terna Kester Ikyenge, Hon Yerfa Atoza Hindan, Terna Iyorkyaan, San Carlos Benue Farms/Barr Tyokegh, Christian Aba (aka Mad Lion), Sunday D. Umoru, Ruth Ijir, Kpaapka, Andrew Ayabam, among many others.
Some of the corporate bodies fingered in looting Benue State include: Ashitech and Ashi Foods, Carlos Benue Farms, SCAMPT Nigeria Ltd, among others.
The panel recommended that 52 individuals and 10 corporate bodies should refund over N107 billion to the coffers of the state government.
It also recommended the deeper investigation and possible refund of over N44 billion from transactions they found not in compliance with the laid down financial guidelines.
The panel said N1. 21 trillion accrued to the state from about 27 identified sources out of which N802 billion was appropriated, while N219 billion was expended but not appropriated.
The former state governor, former Commissioner of Finance, Omadachi Oklobia, former Special Adviser on Local Governments and Chieftaincy Affairs, Solomon Wombo and two former permanent secretaries, Emmanuel Atini and Asen Sambe, Messrs Isaiah Ipevnor, a former accountant of the Bureau were alleged to have diverted local government funds amounting to N51, 559,859,968.00 into personal use.
Suswam is already facing trial before a Federal High Court in Abuja for alleged N3.1bn fraud relating to the same issue raised by the Justice Kpojime-led probe panel.
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Ortom: I’ve settled with Suswam
•Governor cancels engagements
Benue State Governor Samuel Ortom said he has resolved his differences with former Governor Gabriel Suswam.
At a stakeholders meeting at the Government House in Makurdi, Ortom said the issues, which caused their rift were not personal, adding that those who elected him told him what to do as regards the terrible financial situation he met.
According to him, traditional rulers from Suswam’s constituency appealed for peace and so the issues were resolved.
“We have no issues again. The problems have been resolved,” the governor said.
As soon as Governor Ortom assumed office, he constituted a Judicial Commission of Inquiry to look into the finances of the state between 2007 and 2015.
It was discovered Suswam sold the state’s shares in the Dangote Cement Company, Gboko, for about N107 billion, allegedly misappropriated.
Governor Ortom has canceled his engagements for today, including the scheduled swearing-in of new members of the State Executive Council, to honour victims of the crisis in Zaki-Biam market in Ukum council.
In a statement by his media aide, Tahav Agerzua, Ortom condemned the attack. He urged the people to come up with information that could lead to the arrest of criminals, including Terwase Akwaza, a.k.a. Gana.
The governor commiserated with families of the victims, promising that the state Security Council will work towards arresting and prosecuting the culprits. -
I have resolved my differences with Suswam -Ortom
Benue State Governor, Samuel Ortom, on Monday declared that he has resolved his differences with former Governor of the state, Gabriel Suswam .
Addressing stakeholders at a meeting held at the Government House in Makurdi , Ortom said the issues were not personal since it was those that elected him that told him what to do on the state terrible financial condition.
“Traditional rulers from Suswam’s area appealed for ceasefire, so the issues have been resolved,” the governor said.
Ortom said the issues would have been resolved before now but Suswam continued to follow the path of disagreement, stressing that he (Ortom) would not go further.
He said Suswam was free to seek treatment for wounds he inflicted on himself, adding that he was supposed to meet Suswam before a recent problem arose on the side of the former governor.
“We have no issues again, the issues have been resolved,” the governor declared.
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Wanted Benue militia leader has link with Ortom, not Suswam – Group
A pressure group in Benue State, Not Too Young To Speak (NTYTS), on Thursday said the wanted militia leader in the state, Mr. Terwase Akwaza (a.k.a Gana) is closer to Governor Samuel Ortom than ex-Governor Suswam.
It claimed that the militia leader is a personal friend of the governor, who was awarded a contract to collect revenue all over the state.
The group alleged that it was an open secret that the militia leader fell out of grace with top officials of administration.
NTYTS said if the Department of State Security Service (DSS) was serious about locating the whereabouts of Akwaza, the proper person to ask was the incumbent governor of Benue State.
The group in a statement issued in Abuja by its National President, Chief Adikpo Agbatse, demanded the immediate release of Suswam.
NTYTS said it was absurd to link the said militia leader with the ex-governor and urged the DSS not to get entangled in local Benue politics.
It said the attempts to link the former governor with a well -known militia leader was tantamount to “giving a dog a bad name in order to hang it.”
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Suswam set for Enyimba after Euro stint
Former Super Eagles player, Peter Terna Suswam is set to complete a transfer to Enyimba after a stint in Europe.
The 25-year-old Suswam is returning to the NPFL after a stint in Europe with Vitoria Setubal (Portugal), FK Kukesi (Albania) and Stal Rzeszow (Poland).
“We are working on a transfer for Suswam,” disclosed a top Enyimba official.
The right back or defensive midfielder featured for Wikki Tourists and hometown club Lobi Stars before he moved overseas in 2010. He has won two caps for the Super Eagles and also played for the country at the African Youth Championship and the FIFA U-20 World Cup in 2011.
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Suswam: I invested N107b in infrastructure
Former Benue State Governor Gabriel Suswam has said he invested the N107 billion, which the Justice Kpojime-led Commission of Enquiry accused him of embezzling in “critical infrastructure”.
The Governor Samuel Ortom-led administration said the ex-governor allegedly embezzled the money.
Suswam, with his Finance Commissioner Omadanchi Oklobia, is on trial at an Abuja court for alleged corruption.
But at the burial of Terna Ugba in Ugba, Logo Local Government, at the weekend, Suswam said the N107 billion can be found in the roads, electricity and health projects his administration undertook.
He reiterated that he invested in the three senatorial zones.
“Both members of the ruling and opposition party are using the roads which I built but they won’t give me credit; they are bent on castigating me. But one thing is I will never fear anything, though I don’t look for trouble. Even if it means going to jail, I will go,” Suswam said.
On the chieftaincy bill which Ortom signed into law, the former governor said he initiated the idea so Benue could have as many first class chiefs as possible.
He advised the people to love one another despite political differences.
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Police panel grills Suswam
Police Special Investigative Panel yesterday grilled ex-Benue State Governor Gabriel Suswam in connection with his tenure in office.
A Judicial Panel of Inquiry into Funds Accruing/Received and the Utilisation of Benue State Funds/Assets, 2015, recommended that Suswam should refund N3 billion to the governt coffers.
The panel, headed by Justice E.N Kpojime, among other findings, discovered that about N1.02 trillion was received Suwam held the forte as governor.
The total approved estimates was N802.04 billion leaving about N219.8 billion spent without appropriation.
Also, it was discovered that N10.9 billion, earned from “sale and lease proceeds of government enterprises”, was spent without appropriation.
A top source, who confided in our correspondent, said: “Following invitation, the former Governor walked into our office for interrogation. We asked him questions for hours and he responded.
“The invitation has to do with alleged mismanagement of funds during his tenure. So far, he has written his statement on oath. We have released him on bail while investigation continues.
“In the next few days, we might still interact with him. He cooperated with us.”