The Community Court of the Economic Community of West African States has ruled that it has the jurisdiction to hear a suit filed by former National Security Adviser (NSA), Mohammed Sambo Dasuki, to challenge his alleged unlawful detention.
Dasuki was arrested by the operatives of the Department of Department of State Service on December 29, 2015, shortly after he was released on bail at the Kuje prison with respect to the various sets of charges pending against him.
The ex-NSA has since then remained in the custody of the DSS.
In a ruling by a three-man bench on Monday, the ECOWAS Court dismissed Federal Government’s objection to the hearing of Dasuki’s suit.
Justice FChijoke Nwoke, who presided and read the court’s ruling, held that the Nigeria’s Federal Government, represented by Tijani Ganzali, misunderstood the kernel of Dasuki’s case by arguing that it bordered on contempt of the orders previously made by the Nigerian courts.
The judge held that Dasuki’s case was mainly challenging the alleged breach of his fundamental human rights by agents of the Nigerian government.
He ruled, “In determining jurisdiction, the court is to look at the facts as stated by the plaintiff and the prayers he sought, not the defendant’s.
“A careful analyses of the facts by the applicant is that he was unlawfully detained without committing any offence, and that his continued detention was as a result of the defendant’s President’s statement that he will not be released.”
The judge also ruled that the Nigerian government’s argument that similar case was pending in local courts was baseless as the cases referred to were criminal and not related to rights abuse.
He added that from the facts available to the court no similar case was pending before any other court, which ordinarily, would have denied his court the necessary jurisdiction.
He said “It is beyond contention that the issues raised in this matter border on human right violation. The defendant’s (Federal Republic of Nigeria) argument that a similar case is pending in Nigerian court is unfounded.
“The pendency of any similar case in Nigeria does not amount to an international court. An individual can maintain a fundamental rights enforcement case before this court even if he has not exhausted local remedies.
“The case before this court is not similar to the criminal ones before the local courts. This application (suit by Dasuki) is declared admissible.
“This court dismisses the objection of the Federal Government of Nigeria. Cost is to abide the final determination of the case.”
He adjourned to May 17 and 18 for definite hearing of the substantive case.
Dasuki is, by the fundamental rights enforcement suit, is challenging his continued detention by the DSS.
He contended among others that his detention amounted to a violation of his fundamental rights on the grounds that he had been granted bail by Nigerian courts, that there was no subsisting order for his detention.
A detective with the Economic and Financial Crimes Commission, Junaid Sa’id, told a Federal High Court in Abuja on Tuesday that the $2m allegedly laundered by the spokesperson for the Peoples Democratic Party, Olisa Metuh, was part of the N10bn which the immediate past National Security Adviser, Col. Sambo Dasuki (retd.), released for the party’s presidential convention in 2014.
Olisah Metuh
The then President Goodluck Jonathan was adopted as the party’s sole candidate at the said convention.
Metuh and his company, Destra Investments Limited, are being prosecuted by the EFCC for allegedly receiving N400m in a fraudulent manner from the ONSA in November, 2014 and also on charges of money laundering of cash transaction involving $2m.
The EFCC had called as its first prosecution witness, Nneka Ararume, a former employee of Asset and Resource Management Company Limited, who narrated how Metuh handed her the $2m in $100 bills at his house in the Prince and Princess Estate, Abuja.
Sa’id testified as the eighth prosecution witness on Tuesday.
Under cross-examination by lead defence counsel, Onyechi Ikpeazu (SAN), Sa’id informed the court that Dasuki had withdrawn a sum of N10bn from the Central Bank of Nigeria and converted same to $47m.
He said the money was then given to aides of former President Jonathan for sharing to some PDP members.
Apart from the N400m paid directly to Metuh’s firm’s account from the ONSA’s account with the CBN, Sa’id testified that Metuh got the sum of $2m from the N10bn released by Dasuki.
The witness said under cross-examination, “In the course of investigation, it was revealed that the former NSA had withdrawn about N10bn from the CBN and converted same into dollars which amounted to around $47m.
“He gave the money to the then Aide de Camp to the then President and his Special Adviser, Domestic, to the then President, to share to some PDP party members for the PDP presidential convention.
“The $2m given by the 1st defendant to Nneka Ararume (first prosecution witness) was strongly linked to that disbursement of the $47m, which was converted in November, 2014 and shared out to some PDP members for its presidential convention.
“There is no document in respect of this transaction, because the money was shared in cash. The document is part of the charges being prepared against those involved. Investigation revealed that Ararume used to work with ARM Investment. During the course of this transaction, she worked with ARM Investment.”
Earlier in his evidence-in-chief, Sa’id, who was led by the lead prosecuting counsel, Mr. Sylvanus Tahir, gave details of how Metuh allegedly disbursed the N400m he received from the ONSA.
He said while Metuh retained N50m for himself, he gave part of the N400m to former Chairman of the Board of Trustees of the PDP, Tony Anenih; former Minster of Aviation, Kema Chikwe, among others.
The witness said, “Among the disbursements made were a total sum of N77.1m was paid to one Yomi Badejo Okusanya of CMC Connect to carry out campaign activities for the PDP.
“In similar vein, the sum of N25m was paid to Abbah Dabo to carry out campaign activities. Another N21,776,000 was paid to Chief Anthony Anenih; N5m was discovered to be paid to Chief Kema Chikwe,
“Another sum, N50m, was transferred to the joint account of the 1st defendant (Metuh) and his wife in the name of Olisa and Kanayo Metuh.”
He added that his investigation also revealed that “N500m was discovered to have been transferred to one Daniel Paul International Ltd. in two tranches of N200m and 300m for the purpose of purchasing a landed property at Banana Island in Lagos by the 1st defendant (Metuh).”
He also confirmed that Metuh used the money received from the NSA office for campaign activities of the PDP.
He said, “The interview and investigation carried out confirmed that money received by Badejo Okusanya of CMC Connect were used to carry out media campaign activities for the PDP on the instruction of the 1st defendant.
“In similar vein, the money received by Abbah Dabo was also used for media services for the PDP campaign. In the course of investigation, Alhaji Abbah Dabo, having learnt that the money he was paid came from the ONSA, then, refunded the money.
“Investigation revealed that N88.5m was transferred to Tiboro Nigeria Ltd., for the purpose of sourcing foreign exchange. It was able to only source 66,000 British pound, after which it returned the balance to Destra. The 66,000 pounds was paid into an account outside Nigeria as instructed by the first defendant.
“Investigation carried out by the commission with respect to funds paid out by the former NSA has led to two separate pending charges before the FCT High Court.”
The witness also narrated how Metuh allegedly tore part of the statement he made at the EFCC, while being interrogated.
Metuh was arraigned along with his company, Destra Investment Limited, on January 15 on seven counts of fraudulently receiving N400m from the NSA office in November 2014. He was also accused of laundering $2m cash.
The trial judge, Justice Abang adjourned till February 18.
Immediate past Chief of Defence Staff, Air Chief Marshal Alex Badeh, spent most part of yesterday with operatives of the Economic and Financial Crimes Commission, EFCC, in Abuja, telling all that he knew about arms purchase during this tenure as Chief of Air Staff and later as the CDS.
He was summoned to appear before a special team of interrogators raised by the EFCC to look into the report of the Presidential Committee on Arms Purchase between 2007 and 2015.
The panel, which was raised by President Muhammadu Buhari in the twilight of his inauguration, turned in its report early this year, naming many top military officers, including Badeh as those to give explanations on what transpired during their tenure.
Vanguard learnt from competent sources that Badeh, who arrived the EFCC headquarters in Abuja early yesterday, was still with the operatives of the agency at the time of filing the report last night.
A Federal Capital Territory High Court in Maitama, Abuja, has dismissed an application by the immediate past National Security Adviser, Col. Sambo Dasuki (retd), seeking to stop his trial on the charges of diversion of N32bn arms fund.
Former National Security Adviser, Sambo Dasuki
Justice Husseini Baba ruled on Monday that contrary to Dasuki’s allegation, the Economic and Financial Crimes Commission was not in contempt of its order granting him (Dasuki) bail on December 18, 2015.
Dasuki was re-arrested by the operatives of the Department of State Service on December 29, 2015, shortly after he met the bail conditions and was released by Kuje prison.
Dasuki had, through his motion urged the court to prohibit the EFCC from prosecuting him over an alleged “brazen” disobedience of the orders of court granting him bail.
But Justice Baba held in his ruling on Monday that since it had been confirmed that Dasuki was being held by the Department of State Service, which “is a stranger” in the case, the EFCC which is prosecuting Dasuki and his co-accused could not be said to have violated the bail order.
He ruled that the only option open to the former NSA was to file necessary suit in line with section 46 of the 1999 Constitution for the enforcement of his right to liberty.
After the Monday’s ruling, prosecuting counsel, Mr. Oluwaleke Atolagbe, asked the judge a date for trial to commence, but Dasuki’s lawyer, Mr. Ahmed Raji (SAN), urged the court to give a date long enough to enable the ex-NSA’s lawyer to “tackle the issue of the stranger”.
The judge subsequently adjourned till March 23 for trial.
Dasuki filed the motion with respect to the 19 counts of diversion of N32bn arms funds for which he is being prosecuted along with a former Director of Finance and Administration, Office of the National Security Adviser, Shuaibu Salisu.
The other co-accused are, a former General Manager, Nigerian National Petroleum Corporation, Aminu Babakusa and two companies – Acacia Holdings Limited and Reliance Referral Hospital Limited.
The ex-NSA, through his lawyer, Mr. Joseph Daudu (SAN), has also filed the same application dated January 11, 2016, before Justice Peter Affen of the same Maitama Division of FCT High Court.
The case before Justice Affen is with respect to the 22 counts of N13bn fraud filed against him and others including a former Director of Finance and Administration in the Office of the NSA, Shuaibu Salisu, and a former Minister of State for Finance, Bashir Yuguda.
Others charged along with them are a former Governor of Sokoto State, Attahiru Bafarawa, the ex-governor’s son, Sagir Attahiru, and a firm, Dalhatu Investment.
The presidential panel on arms procurement between 2007 and 2014 has forwarded a fresh report to the Economic and Financial Crimes Commission,The PUNCHhas learnt.
Former National Security Adviser, Sambo Dasuki
It was reliably gathered on Tuesday that the latest report contained a list of officers of the Nigerian Army who would be investigated by the anti-graft agency over the ongoing arms purchase probe.
The panel had, in November last year, submitted its first report to President Muhammadu Buhari, who on receiving it ordered the arrest of Dasuki.
On January 15, the Presidency said Buhari had received the second interim report and ordered the EFCC to investigate 18 serving and retired military officers, mainly from the Air Force.
It was gathered that top on the list in the latest report, forwarded to the anti-graft commission, were three former service chiefs.
A source in the commission said, “The commission now has the list of those Army officers involved in the arms deals.
“They have not started acting on it because they are still doing the one on the Nigerian Air Force.
“The commission is still treating it as a secret for now. The list is long, we learnt that there are three former service chiefs there but nobody can give you those names there.”
It was learnt that other serving and very senior retired officers of the service were also on the list.
The source said those on the list would be required to make clarifications in some areas involving the procurement of arms under the Goodluck Jonathan administration.
EFCC’s operatives were being discreet with the list said to have been received since last weekend.
The Acting Chairman of the EFCC, Mr. Ibrahim Magu, was a member of the panel prior to his appointment as the head of the anti-graft agency.
Details have emerged about what the National Publicity Secretary of the Peoples Democratic Party, Olisa Metuh, allegedly wrote in the torn statement which he made under caution while in the custody of the Economic and Financial Crimes Commission on January 5.
Olisah Metuh
The statements of the operatives who were said to have witnessed the incident and the “incidence record book” which gives details of the occurrence were part of the documents filed along with the charges of destruction of evidence preferred against him by the EFCC before a Federal Capital Territory High Court in Abuja.
The court papers obtained by our correspondent on Sunday indicate that five operatives of the commission witnessed the incident which was said to have happened on January 5, 2016, the day the PDP spokesperson was arrested.
Metuh allegedly tore his statement on January 5, 2016 while being investigated for an alleged fraudulent receipt of N400m from the Office of the National Security Adviser and money laundering allegation involving a separate sum of $2m.
The court documents indicate that the pieces of the torn statement have been kept with the commission’s exhibit keeper.
The entry number 049 in the incident duty log which was recorded at 4.30pm by an EFCC detective, Junaid Sa’id, on January 5, 2016, reads, “Destruction OF Written Statement: I have booked the incident of tearing into pieces of statement by Mr. Olisa Metuh, who was given his statement to endorse after volunteering his statement and he decided to tear into pieces the third page of his four-page statement.
“The torn statement has however been registered with the Exhibit Keeper. Entry made by Det. Junaid Sa’id.”
The document gives the timeline and details of how Metuh’s arrest was effected at about 10.55am in his residence at Prince and Princess Estate in Gudu, Abuja, on January 5, up till when he allegedly tore part of the statement at about.4.25pm on the same day.
It also indicates that Metuh had stated in the part of the torn statement that the account in which the N400m was paid was requested for by former President Goodluck Jonathan, for payments to be made to settle some debts owed by the PDP.
It reads in part, “12.30 hours: Mr. Metuh Olisa began to volunteer his statement under words of caution.
“15.30 hours: Mr. Metuh Olisa concluded his statement which was of four pages. I passed the statements to the team leader, CSP Ibrahim Musa, to read over and endorse accordingly but in the process of reading and after endorsing pages one and two, he swiftly tore into pieces page three of his statement which read that former President Jonathan had asked him to make available, account details owed by his party, the Peoples Democratic Party, and the debts owed him personally and some media houses.
“He further stated that he gave the account details of Destra Investments Ltd. to the President and thereafter he received the payment of N400m into his company’s accounts which he used for specific assignments given to him by the President of which he was not willing to disclose for what purpose.
“I thereafter refused to give him page four of his statement for endorsement because I did not want him to tear it as well. This incidence (sic) happened in the presence of the following officers: Mr. Ibrahim Musa, Mr. Wetkas Michael, Mr. Bello Umar, Ms. Ibrahim, who were all carrying out their various assignments.
“16.30 hours: The torn page of the statement which is in pieces was registered with the exhibit keeper and the incident recorded in the incidence record book of the commission.”
The Economic and Financial Crimes Commission (EFCC) has placed on its radar, two sons of Nigeria’s former Minister of State for Defence, Musiliu Obanikoro over the popular $2.1bn arms scandals.
Obanikoro
According to an online news portal, Saharareporters, N4.745 billion has been traced to the bank account of Sylvan McNamara Limited, a company in which the former minister’s two sons, Ibrahim Babajide and Gbolahan Olatunde Obanikoro have major interest.
The federal government had launched a massive inveestigation over the diversion of $2.1bn funds budgeted for the procurement of weapons and other equipment for the country military.
Our sources disclosed that the funds were paid in several tranches into the company’s account number 0026223714 with Diamond Bank. The sources added that the funds were paid from an account maintained by the Office of the National Security Adviser at the Central Bank of Nigeria (CBN).
One of the sources revealed that all the transfers were made between June and December 2014. The period coincided with the preparations for and the conduct of the Ekiti State governorship election, ultimately won by Ayodele Fayose of the Peoples Democratic Party. SaharaReporters had exclusively obtained and released an audiotaped conversation in which Mr. Obanikoro, Mr. Fayose, former Minister for Police Affairs Jelili Adesiyan, and a few other PDP stalwarts instructed a top military officer, Brigadier General Momoh, on strategies for rigging the election for the PDP governorship candidate by intimidating supporters of then incumbent Governor Kayode Fayemi. Mr. Kayode also inaugurated a new campaign mode he nicknamed “stomach infrastructure,” which involved the doling out of massive amounts of cash to voters.
One investigator involved in looking into transfers of funds to Sylvan McNamara’s account hinted that some of the cash was routed to Mr. Fayose’s campaign.
For instance, on June 5, 2014, N200 million was transferred into the account of the firm owned by Mr. Obanikoro’s two sons. On June 16, 2014, few days before the election of Mr. Fayose, N2 billion was wired into the account from the CBN account maintained by the Office of the National Security Adviser. Another massive transfer, this time of the sum of N700 million, landed in the Obanikoro-affiliated account on July 7, 2014. On July 30, 2014, N1 billion was credited to the firm’s account. Other transfers included N160 million on August 8, 2014, N225 million on August 22, 2014, N200 million on November 14, 2014, and N200 million on December 5, 2014.
Our sources disclosed that both Gbolahan and Babajide Obanikoro were listed as directors of the company earlier incorporated in 2011 by Ikenna Ezekwe, Idowu Oshodi and Elizabeth Adebiyi. They added that Mr. Obanikoro’s two sons were also signatories to the company’s account until 2014 when one Olalekan Ogunseye was made sole signatory.
Our EFCC sources disclosed that investigators had discovered no contracts to back or justify the hefty payments made by the Office of the National Security Adviser, then headed by retired Colonel Sambo Dasuki, to Sylvan McNamara Limited.Mr. Dasuki and numerous politicians have been indicted for illicit disbursement of more than $2 billion budgeted for the procurement of weaponry to empower the Nigerian military in its counter-insurgency operations against Islamist militant group, Boko Haram. While Mr. Dasuki disbursed the defense funds to politicians at the orders of former President Goodluck Jonathan, the Nigerian Army suffered high casualties as Boko Haram fighters attacked and sacked several military barracks.
The former Defense minister, Mr. Obanikoro, is currently resident in the US where he is reportedly registered as a student of history at Oglethorpe University in Georgia, USA. One of his two sons linked with the massive fraud resides in Suwanee, Gwinnett County in the state of Georgia where they own real estate purchased in August 2014.
Former President Goodluck Jonathan has said he would, at the “appropriate time”, open up on the arms money scandal, involving at least $2.1 billion.
President Jonathan
Investigators say the money, meant for purchase of arms for the fight against Boko Haram, was squandered by the former National Security Adviser, Sambo Dasuki, allegedly on the instructions of Mr. Jonathan.
At a press conference in Geneva, Switzerland, on Wednesday, Mr. Jonathan emphasised the importance of education in fighting terrorism.
He later tweeted about his readiness to speak on the alleged arms funds mismanagement.
“My voice will certainly be heard at the appropriate time regarding the alleged arms funds mismanagement,” the former leader said.
“I would not want to interfere with the proceeding by the judicial system that my administration worked tirelessly to strengthen.
My post presidential focus is advancing democracy and good governance in Africa.”
Mr. Jonathan later added that the Buhari administration, which is investigating the scandal, is currently fighting Boko Haram with weapons his government purchased.
“The current administration continues to fight them with the weapons we acquired and collectively I am confident we will eradicate them,” he tweeted.
Earlier at the press conference, Mr. Jonathan said lower education levels are linked to poverty and poverty is one of the chief causative factors of crime whether it is terrorism or militancy or felonies.
According to him, there are obviously other dimensions to the issue of insecurity in Nigeria and particularly terrorism, the dearth of access to formal education over years created the ideal breeding ground for terror to thrive in parts of the country.
He added, “Education is one of those issues. If former African leaders can form themselves into an advisory group to gently impress on incumbent leaders the necessity of meeting the United Nations Educational, Scientific and Cultural Organization (UNESCO) recommended allocation of 26% of a nations annual budget on education, I am certain that Africa will make geometric progress in meeting her Millennium Development Goals and improving on every index of the Human Development Index.
“Data has shown that as spending on education increases, health and well being increases and incidences of maternal and infant mortality reduce.”
Mr. Jonathan explained that while in office he began the practice of giving education the highest sectoral allocation beginning with his first budget as President in 2011.
“My policy was to fight insecurity in the immediate term using counter insurgency strategies and the military and for the long term I fought it using education as a tool,” Mr. Jonathan said.
“As I have always believed, if we do not spend billions educating our youths today, we will spend it fighting insecurity tomorrow. And you do not have to spend on education just because of insecurity. It is also the prudent thing to do.
“Nigeria, or any African nation for that matter, can never becomewealthy by selling more minerals or raw materials such as oil. Our wealth as a nation is between the ears of our people.”
The former president said it was no coincidence that the Northeast epicenter of terrorism in Nigeria is also the region with the highest rate of illiteracy and the least developed part of Nigeria.
Explaining that in Nigeria though the federal government does not have a responsibility for primary and secondary education, he could not in good conscience stomach a situation where 52.4% of males in the Northeastern region of Nigeria have no formal Western education.
According to him, the figure is even worse when you take into account the states most affected by the insurgency.
He said, “83.3% of male population in Yobe state has no formal Western education. In Borno state it is 63.6%.
“Bearing this in mind is it a coincidence that the Boko Haram insurgency is strongest in these two states?
“So even though we did not have a responsibility for primary and secondary education going by the way the Nigerian federation works, I felt that where I had ability, I also had responsibility even if the constitution said it was not my responsibility.
“Knowing that terrorism thrives under such conditions my immediate goal was to increase the penetration of Western education in the region while at the same time making sure that the people of the region did not see it as a threat to their age old practices of itinerant Islamic education known as Almajiri.”
Mr. Jonathan noted that for the first time in Nigeria’s history, the federal government which he led set out to build 400 Almajiri schools with specialized curricula that combined Western and Islamic education.
He said 160 of them had been completed before I left office.
“I am also glad to state that when I emerged as President of Nigeria on May 6th 2010, there were nine states in the Northern part of the country that did not have universities,” he said.
“By the time I left office on the 29th of May 2015, there was no Nigerian state without at least one Federal University.”
The former president recounted that the fall of the Gaddafi regime in August 2011 led to a situation where sophisticated weapons fell into the hands of a number of non state actors with attendant increase in terrorism and instability in North and West Africa.
Mr. Jonathan explained that his administration initiated partnership across West Africa to contain such instability in nations such as Mali, which I personally visited in furtherance of peace.
He said, “And with those countries contiguous to Nigeria, especially nations around the Lake Chad Basin, we formed a coalition for the purpose of having a common front against terrorists through the revived Multinational Joint Task Force (MNJTF).
“Those efforts continue till today and have in large part helped decimate the capacity of Boko Haram.”
He also explained that his administration waged the anti-terror was with the effort to improve intelligence gathering capacity, lamenting however that this has not enough attention.
“Prior to my administration, Nigeria’s intelligence architecture was designed largely around regime protection, but through much sustained effort we were able to build capacity such that our intelligence agencies were able to trace and apprehend the masterminds behind such notorious terror incidences as the Christmas Day bombing of the St. Theresa Catholic Church in Madalla, Niger State.
“Other suspects were also traced and arrested including those behind the Nyanya and Kuje bombings.
“Not only did we apprehend suspects, but we tried and convicted some of them including the ring leader of the Madalla bombing cell, Kabir Sokoto, who is right now serving a prison sentence.”
The former president said he would use the newly Goodluck Jonathan Foundation to further democracy, good governance and wealth generation in Africa.
He said, “Of course, Charity begins at home and for the future, what Nigeria needs is to focus on making education a priority.
“Thankfully, the administration that succeeded mine in its first budget, appears to have seen wisdom in continuing the practice of giving education the highest sectoral allocation. This is commendable.
“I feel that what people in my position, statesmen and former leaders, ought to be doing is to help build consensus all over Africa, to ensure that certain issues should not be politicized.”
ABUJA—An official of Diamond Bank Plc, Eno-Mfon Effiong, yesterday, told the Federal High Court sitting in Abuja that the National Publicity Secretary of Peoples Democratic Party, PDP, Chief Olisa Metuh, who is facing trial over alleged N400 million fraud, ran five separate accounts with the bank.
Olisa Metuh in Court
Effiong, who told the court that she was the account officer to Metuh’s firm, Destra Investment Limited, explained that the company already had a balance of N6,676,576 in its account, prior to the date the Office of the National Security Adviser, ONSA, credited it with N400 million on November 24, 2014.
The witness, who testified as the PW-3 yesterday, said she was not surprised by “the credit inflows” into the account, 0040437573, considering that both Metuh and his firm were regarded by the bank as “high network customers.”
She explained that high network customers were those that have high credit inflow into their accounts, saying “this is usually because the person is either a captain of industry, a high earning individual or an established businessman.”
Effiong told the court that she had been managing Destra’s account since it was opened on February 10, 2013.
Meanwhile, a move by the prosecuting counsel, Mr. Sylvanus Tahir to tender the bank account details and correspondence between Diamond Bank and Economic and Financial Crimes Commission, EFCC, pertaining to the financial status of the firm, was opposed by Metuh’s lawyer, Mr. Emeka Etiaba (SAN).
Etiaba complained that some of the documents did not fulfill the provisions of the Evidence Act as they were not tendered through those that made them.
However, Justice Okon Abang dismissed the objection, stressing that the said error did not affect the probative value or weight of the evidence contained in the document.
Consequently, the court admitted the letters EFCC wrote to Diamond Bank, the bank’s response and a Certificate of Identification, dated January 11, 2015, signed by one Matilda Obigho of Compliance Department of the bank, into evidence.
Also, application for variation of the bail conditions, imposed on Metuh January 19, was moved in court yesterday by Mr. Etiaba.
He pleaded with the court to vary some of the terms, especially the aspect that made it mandatory that his sureties must own landed properties at the Maitama district of Abuja.
Delivering his bench ruling yesterday, Justice Abang said he was minded to exercise his discretion in favour of the defendant.
Consequently, the court modified the bail conditions and held that the proposed sureties should be owners of verifiable landed properties in any district of the Federal Capital Territory.
The court, however, refused to cancel the aspect of the conditions that gave EFCC the nod to verify and confirm that Metuh has fulfilled the bail conditions.
The Deputy National Leader of the Northern Elders Forum, Dr. Paul Unongo, has said that former President Goodluck Jonathan should be probed over the $2.1bn arms deal.
President Jonathan
Unongo, who was power and steel minister in the Second Republic, said the former President should be jailed if found to have corruptly enriched himself in the $2.1bn arms deal and refuses to refund his share of the loot.
Unongo, however, said the former President deserved consideration for conceding defeat in the last general elections and by helping the country to avert an impending national crisis.
These two facts, according to him, should make his punishments mild if found guilty of stolen funds.
Unongo, who spoke with our correspondent in a telephone interview on Monday, said, “There are three points to make on the arms probe. The first is that Jonathan deserves a special consideration for his contribution to democratic culture in Nigeria and for enabling us to avert a national crisis by conceding defeat during the general elections. He also mobilised support for the present government. Jonathan was great in defeat. He is a hero for doing this.
“Secondly, if the anti-graft agency can prove beyond reasonable doubt that he diverted public funds and if Jonathan agrees to return the stolen funds, he should not be humiliated but he should be given due consideration.
“Thirdly, if it is proved by a transparent process that he stole the country’s money and he refuses to return it, then the law should take its course, whether he is a former President or not. He should be prosecuted and jailed. This is important in order to serve as a deterrent to others.”
Unongo slammed Jonathan’s advisers who have been justifying their roles in the alleged diversion of the arms funds based on the excuse that they acted under instructions from the Presidency.
He said Jonathan’s advisers should be held liable for their actions because they had the opportunity to advise the President against any form of illegality.
According to him, Jonathan’s advisers and ministers who were uncomfortable with his style of governance should have resigned their appointments if the President did not follow their advice.
“I was a minister in this country and that did not stop me from speaking the truth to the President. Jonathan’s advisers who are claiming they acted under instructions to justify their alleged theft are lying.
“Jonathan paid them to advise him so they are liable for their actions. If you advised Jonathan rightly and he said no, you should have resigned your appointment,” he stressed.
The former minister also added that the Federal Government had not ordered the arrest of Jonathan because the government ‘was trying to be careful and abide by the dictates of the law in order not to be seen as dictatorial’.
He said, “I think President Buhari is trying to be careful in not summoning Jonathan so far. I don’t believe there was an agreement President Buhari had not to probe Jonathan as being reported.”
Former Finance Minister, Dr. Ngozi Okonjo-Iweala, has described as malicious attempts by Lagos lawyer, Mr. Femi Falana (SAN), to link her with the $2.1 billion arms scandal.
Ngozi Okonjo Iweala
Falana had written the International Criminal Court, ICC, asking it to investigate those allegedly involved in the arms deal, including the former National Security Adviser, NSA, Col. Sambo Dasuki (retd.)
Media Assistant to the former minister, Mr. Paul Nwabuiku, said in a statement yesterday: ‘’The malicious attempt by Lagos lawyer, Femi Falana to mix Dr Ngozi Okonjo-Iweala up in issues that have nothing to do with her in his letter to the International Criminal Court, ICC, is a desperate joke by an integrity-challenged charlatan.
‘’This misadventure shows that the so-called learned lawyer does not have any idea of what the mandate of the ICC is about.
‘’He has resorted to this action because his previous efforts to tarnish her image, through his discredited NGO, SERAP and petitions to the EFCC – failed because they were lacking in credibility.
‘’This latest effort to try to attach her name falsely confirms that Femi Falana is nothing but a tool of corrupt elements whose interests were hurt by the work Dr. Okonjo-Iweala did in fighting corruption while she was in office.
‘’These elements have now made a habit of making false allegations against Dr Okonjo-Iweala whenever she receives any national or international recognition for her work.
‘’The pattern is clear and Nigerians should be alert to it. But Dr Okonjo-Iweala will not be intimidated from going on with her life and performing her duties. She will not give in to cowardly and unmanly bullying.
‘’Falana’s latest attempt to implicate Dr Okonjo-Iweala falsely suggests that he is suffering from an ailment that may be described as Chronic Cerebral Amnesia (CCA) because he simply has no grasp of the facts.
‘’Contrary to Falana’s lies, Dr. Okonjo-Iweala has absolutely nothing to do with the alleged misuse of $2.1billion by the office of the former National Security Adviser. Falana and his sponsors are simply trying to invent a connection where there is none.
‘’The January 20, 2015 memo in which Dr Okonjo-Iweala sought and received the approval of former President Jonathan for the release of part of the newly returned Abacha funds to the NSA for purchase of arms is totally separate from the $2.1 billion issue.
‘’The memo which is now in the public domain speaks for itself. The release of the resources was in response to an approval by the former President following a meeting chaired by him after a committee had considered the request.
‘’The memo clearly documented Dr Okonjo-Iweala’s insistence that the proper procedure be followed, subject to appropriation and according to financial regulations. Dr. Okonjo-Iweala went further to state that the former NSA should account for the funds to the former President since she is not a member of the Security Council.
‘’The attempt to link Okonjo-Iweala to the $2.1 billion issue is therefore dead on arrival.”
The trial of the National Publicity Secretary of the Peoples Democratic Party, Mr Olisa Metuh, has started, with the opposition party’s spokesman requesting for a variation of his bail conditions.
Mr Metuh made the request before his trial began on Monday.
However, because the prosecution was just served, the trial judge, Justice Abang Obong, deferred hearing on the issue to January 27.
He, however, declined to adjourn the trial, asking the first prosecution witness to testify.
On Friday, a Federal Capital Territory (FCT) High Court granted Mr Metuh bail in the sum of 300 million Naira and two sureties in like sum.
In the ruling, the Chief Judge of the FCT High Court, Justice Ishaq Bello, stressed that the sureties must be resident in Abuja, Nigeria’s capital city.
Mr Metuh is facing a seven-count charge of criminal breach of trust, corruption and money laundering.
A former presidential candidate of the defunct All Peoples Party (APP) and Alliance for Democracy (AD), and Chairman of the Social Democratic Party (SDP), Chief Olu Falae, has been in the news in the last few months.
From his abduction by some Hausa-Fulani herdsmen in his farm in Ilado, Akure North area of Ondo State, to his alleged receiving of N100m from the $2.1 billion arms money from the immediate past National Security Adviser (NSA), Colonel Sambo Dasuki, the former Finance Minister and Secretary to the Government of the Federation (SGF) speaks, in this interview, on the issues.
Excerpts:
What’s your involvement in the $2.1 billion arms money from Dasuki
I want to say with all emphasis that I never took even one naira from Dasuki. Beyond that, I want to assert that I never had any relationship with Dasuki. I knew Dasuki way back in 1986-87,when he was ADC to General Babagida and I was Secretary to the Federal Government. Since he left that government around 1987, I had no contact or dealing with him; absolutely none.
Olu Falae
The N100 million they are bandying about in the media, the one that I know about, it happened as follows: Chief Tony Anenih, a former Chairman of the Board of Trustees of the PDP, phoned me late January last year and said he would like to see me; he would like to come from Abuja to see me in Akure. And he came. He came with someone, and I, too, invited somebody to be with me. The four of us were together in the meeting; and Chief Anenih said they were observing that my party, SDP, had no presidential candidate and, therefore, they would want us to ask our supporters to vote for his own party’s candidate, President Goodluck Jonathan.
I told him that, in principle, there was nothing wrong with the two parties collaborating, but that the collaboration must be a principled collaboration: it must be based on principles. I told him that there were certain things we desired the government to do but they had not done for the people, and that if we were going to support their candidate, they must commit themselves to make changes in those areas. He asked for the areas? I said number one, their party must be prepared to restructure Nigeria from the colossal unity system, and the best way of doing that was to fully implement the report of the National Conference 2014.
Number two, that the party must commit itself to a policy of zero tolerance for corruption because I saw that corruption was monumental in what they were doing. Number three, I said the party in government must destroy Boko Haram and give stability to Nigeria. Number four, there was mass unemployment and youths were getting frustrated, that they must articulate programmes to create jobs for the unemployed. Number five, that I observed that the party in government was spending virtually our entire revenue on recurrent expenditure, that they must reduce recurrent expenditure so as to generate surpluses to finance capital development like roads, schools, hospitals, etc.
Item number six, that if we accepted this tide and accepted them, then if the party won the election, we will expect reasonable participation in that government. And he said they were totally happy with all these strict conditions, that the conditions were acceptable to them; in fact, he said they were already implementing some of them. So, on that note, he returned to Abuja. But after he left, I decided to write to him in order to document this relationship. The letter I wrote to him, again I listed the six conditions which I had mentioned in our oral discussion. And three days later, he wrote back to me saying that he had consulted all the stakeholders of his party including the President and they were all happy to accept those conditions to work with the SDP in the election’s that were forthcoming. So, having accepted our conditions, I proceeded to Abuja to summon the meeting of my party executive and decision making organs and made the presentation to them. There was a very robust debate and, at the end of the debate, the executive committee of my party endorsed their request that we should work with Jonathan in the elections.
CRITICAL FACTOR
I want to emphasize that the most critical factor that turned the debate in favour of Jonathan was because he had said he would restructure Nigeria and that he summoned the National Conference as a great step in that direction. And to most of us in the SDP and in Afenifere, restructuring Nigeria is the most important, single political objective that we pursue in Nigeria today; and whoever commits himself to that objective, we will support him. I want to remind you that, in 2007, when the then General Muhammadu Buhari was running for the President on the platform of ANPP, six parties, including my party; we were then called DPA, went for similar collaboration. In fact, they turned round to make me the Chairman of the Buhari Campaign Committee in the South-West, although I was not a member of their party. And in that collaborative effort, I and some other friends of Buhari contributed money to run the campaign. We held a mammoth rally at Mokola, Ibadan. So, what I am saying is that, collaboration between two parties is normal in democracy; and the collaborating parties, it is normal for them to contribute money to ensure that their joint project is implemented. That is exactly what happened on this occasion.
Now, after we had endorsed the candidacy of President Jonathan, I think a week or two, Chief Anenih phoned me and said that he knew that SDP didn’t have fund to campaign effectively for our candidates. Therefore, they will be sending us some money to enable us campaign effectively and Jonathan was now our joint candidate. That was the note on which he sent the N100 million they are talking about.
And on receiving the N100 million, I promptly paid it into the account of the SDP at the First Bank in Abuja. And from there, I set up a committee of the party to work out the modalities for distributing the money among the various state branches of the party and campaign organisations. Taking to account the number of candidates for House of Assembly, Senate, House of Representatives, governorship, weight was attached to it and they did it rationally and fairly.
Plus our own money, which was much more than the N100 million, the money was distributed to the state organs for executing the campaign and the elections. In summary, we had no contact whatsoever with Dasuki. We took nothing, not a kobo from Dasuki. The money that came to us was from the PDP through Chief Anenih to me as the Chairman of SDP, which I then passed on to my party. My party held a press conference on Monday, January 11, 2016, where they declared that I gave them the money in full, promptly and they used it for the elections. So, those who said the money was given to Falae are lying, the money was only sent through me to my party and my party has acknowledged receipt in full. The money did not come from Dasuki but from the PDP.
By the way, I have read in the media where Chief Anenih said that the money he sent to me and some other people was his own personal money and given on behalf of his party, not from Dasuki and later he got reimbursement from Dasuki. All that has nothing to do with us: we knew nothing about it, we did not approve of anything, not our duty either, legal or moral, to find out where PDP was getting the money to pursue its campaign. So, in summary, we took no money from Dasuki, the money given was for the party and not for me, it was delivered to the party, the party has acknowledged receipt in full.
But some state chapters of the party have openly distanced themselves from receiving any money from the national secretariat of the SDP as you claimed.
A: It is only Ogun, we have active branches in about 33 states. I was surprised to read that Ogun said they were not aware. The truth is that the allocating committee in Abuja was supposed to send N8 million to Ogun but I know the amount is something from the campaign fund.
This is not the only money we were using for the campaigns, that was just a small part of what we spent on the elections. Our own contribution was much more than the N100 million, so, the committee said they were going to send N8 million to them. But Chief Osoba said the money available for the party was too small, N8 million could do nothing in the state; so he would take care of the needs of the party in Ogun; we should leave what we were going to give to the state to states that were in need. Ogun knew about it, something was allocated to them but they declined to take it because they said they could take care of their needs. So, it is not true that they were not aware.
From your explanation so far, would it be right to say this is a smear campaign?
Of course, that is the point. From what I have told you, there is nothing legally or morally wrong. It is a two-party cooperation, normal; when there is such a collaboration, the participating parties contribute money to actualize the objective.
We did it in 2007 when we adopted General Buhari: ANPP, DPA and other parties, there was nothing absolutely wrong with this. We did not go to Dasuki for money, it was PDP that sent us the money; for the PDP to decide where to get their money was not our business. The PDP sent us the money, I sent the money to the party; the party said they got it in full and it was used for the purpose it was meant, which was the elections. So anybody that is raising issues is merely trying to start a smear-campaign, but I am totally at peace with myself because my conscience is absolutely clear. Indeed, I am proud of my track record and my performance even in this state.
Have you been queried or invited by the anti-graft agency ( EFCC) on the need to refund the N100m?
Up to this moment, EFCC has not got in touch with me about this matter because they know the truth, that I did not take money from Dasuki; it was PDP that sent money to SDP through me and the money was delivered to SDP. Legitimate, normal and non-controversial. That tells you that there is a smear campaign going on. Some newspapers are saying I will have to refund the money when nobody has been in touch with me about the money. Those reports showed bias, malice and campaign of smear. I have been a public officer all my life. I became a Permanent Secretary at the age of 39. I did not abuse my office. I became the Managing Director of a bank at 42. I did not abuse my office.
The signature of an MD of a bank is money, yet I did not take one kobo illegally and, at that time, my bank was one of the fastest growing banks in the country. I did not receive one single query from the Central Bank. Then I became the Secretary to the Federal Government of Nigeria and substantial amount of security vote was under my control. I did not touch one kobo illegitimately. Then I became Minister of Finance of Nigeria, both naira and dollar were under my control at the Central Bank, I did not abuse the office. So people should look at my type of person and say, can this person do this? When as a young man that I needed money for many things I didn’t take anything, now that I am old, what will I be doing with it? When you grow old, the less you enjoy money. So that is the truth of the matter. I feel ashamed that some people can be repeating these lies. It is absolutely false and there is no basis for it.
You submitted that you are a target of a smear campaign. Is it not meant to cause problems among the Yoruba?
Well, anybody can have a conjecture or hypothesis to explain a phenomenon but it is a possible hypothesis. Maybe some people in Yorubaland or outside who don’t want us to be united have been worried about what has been happening . You remember when I came out of kidnapping, Yoruba leaders met in Ibadan, for the first time in many years; Yoruba leadership was united over my issue and they said if Nigeria could not protect the Yoruba race, Yoruba will protect themselves. That may have given them some impression in certain quarters that I have the potential to galvanize Yoruba and those who don’t want Yoruba unity can now see whether they can smear me, linking me with Dansuki fairly or unfairly and Yoruba people are very critical; once they hear you are linked with a dirty person, they will be the first to condemn you . This is what is going on. So it is a possible hypothesis, one has no fact, but it does make sense that anyone who doesn’t want Yoruba to come together may be doing this to discourage the Yoruba from seeing me as a possible rally ground .
What’s your assessment of the anti- corruption crusade by the Buhari administration.
It is going out of hand. They know that there is no charge they can bring against me. That’s why smear campaign is used as a substitute so that, over time, people will say I am a bad man . I read some articles in the paper that say the anti-graft war is increasingly becoming controversial. It is truly becoming controversial because it is no longer reasonable, it is beginning to look selective. How could you link me with Dasuki? The person I have not seen for more than 20 years. The man I had no dealing with whatsoever.
It is important to clean Nigeria up. When we were launching our party, SDP, in Abuja, in 2014, the title of my speech was; Nigeria must kill corruption so that corruption does not kill Nigeria. I have been an anti-corruption campaigner all my life; so I support anti-corruption campaign but it should be conducted within the confines of the law and should be fair.
How best can the administration fight corruption?
A: Let me tell you a story. In 1985 when Buhari was the Head of State, I had retired from the civil service and had joined the banking industry. This kind of thing was going on. But, you know, once a public officer is always a public officer. So, I went and met with the then Head of the Civil Service, Mr Gray Longe, and I told him to advise the government that they could not be going on sacking people, probing people. There are two models to clean up a society: The Sampling Model and Total Revolution, like the French Revolution.
The one that might be suitable for our own situation is for the government to take cases that are very unambiguous to court and make such people as examples, take the money from them and send them to jail. Then put that behind you and go ahead with the development of the society. But, if you take all the time looking for every criminal to send to jail, that will be an endless journey. At the beginning, the people will hail you because they like to see big men fall, but, as more and more people are destroyed, more and more members of the public will be affected. For some, their brothers or fathers or friends would have lost their jobs and, at the end of the day, the tide will turn and people will turn against that government. To avoid that, my recommendation is that government should make some people who are found to be corrupt scape goats.
Similarly, my advice will be that, those people who are the criminals in this system, whose crimes are unambiguous and documented, take them, apply the law, confiscate the loot they have taken, try them, let them go to prison. Do that for a couple of months and leave the rest for the police to do their jobs in a normal way. This omnibus anti-graft campaign phase would have been over, but the police would continue to monitor the system and catch thieves and criminals and the government would now focus on the development of the society .
There are many issues calling for attention right now . For example, the drop in oil revenue is worrisome because, for 40 years, when I was in the planning ministry, we recommended that we should use the oil money to diversify the economy so that we have other sources of income. For instance, they should develop solid minerals. Solid minerals have more potential for revenue than oil . If they had implemented the recommendation that time, we will not be where we are today. Secondly, we said government should generate 6,000 megawatts of electricity by 1980,
it is in the national plan; if that was done in 1980, today, we shall be talking of 100,000 megawatts; so we will not be where we are. If we had diversified the economy by developing small industries and agro-businesses, we will not be where we are today . So, these are the problems crying for attention. If the government now tries to implement these recommendations, it takes time before the projects begin to yield revenue. In the meantime, how are we going to cope because Iran has now entered the oil market? Iran is going to pump more oil and send the prices of crude oil further down. I think we have a real economic crisis for now and I believe all hands must be on deck so that the system survives .
Let’s talk about the report of the 2014 National Conference. Any hope that it will see the light of day under this present administration?
They are not interested in the report. Even when we were in the National Conference, the APC opposed it and this is one of the reasons we did not support the candidate of the APC because what is most important to Afenifere is the restructuring of Nigeria so that each area can develop at its own pace in accordance with its own priority. If we don’t do that, the crisis will continue. So restructuring, to me, is number one priority and we believe in it and those who oppose it naturally oppose what I stand for and I will not be surprised if such people work against my interest.
Is there going to be any backlash if the report is consigned to the dustbin?
Then Nigeria will be as it is till eternity; governments come and go, a day will come when one government will see the need to implement this report because, for the first time in the history of Nigeria, over 450 people, from various sections of the society, sat down for about six months and, in a very cantankerous society like Nigeria and by some divine grace, we passed over 600 resolutions by consensus.
To me, that was a miracle. I believe God has a hand in that confab and, therefore, I believe that document is going to save Nigeria if it is implemented. That is the panacea to our myriads of problems as a nation.
There are indications that the Peoples Democratic Party spokesman, Olisa Metuh, is being kept in a prison cell where financial scammers and those who had committed frauds were being held.
Olisah Metuh
It was learnt that Metuh, who was remanded at the Kuje Prisons, Abuja on the order of a Federal High Court, was isolated from other awaiting trial inmates to protect him from being harmed.
Our correspondent learnt that the prison officers were also keeping a tight watch over him to prevent any foul play.
The court had on Tuesday granted the PDP chieftain bail over a seven-count charge of corruption, but he had yet to meet the bail conditions.
Less than 48 hours after, the Economic and Financial Crimes Commission on Thursday morning slammed a fresh two-count charge on him before Justice Ishaq Bello of the FCT High Court over attempt by the politician to destroy a confessional statement made to its operatives.
Sources said that the prison authorities usually isolate high profile inmates from other criminals who had committed violent offences like armed robbery, murder and other heinous crimes.
It was gathered that the prison authorities were following the standard laid down protocol in Metuh’s case by shielding him from violent inmates who could attack him at night.
The source further explained that Metuh had not been eating prison food, adding that he had made arrangement for his feeding, which he said was allowed.
A source said, “The prisons service has a standard procedure they follow when it comes to high profile inmates or VIP detainees as you call them. One, we don’t allow them to mix with other inmates for safety reason. Secondly, we don’t keep them in crowded cells, but they are kept with those who may have committed a similar offence or offences.
“In Metuh’s case, we are observing the same protocol; he is being held in a cell where people who had committed similar offences were being kept, that is, those who did not commit violent or capital crimes and we are keeping a serious watch over him to prevent any foul play.”
When asked if the prison service was giving Metuh special treatment, the Nigeria Prisons Service Public Relations Officer, Francis Enobore, said all inmates were treated fairly and equally, stressing that “there is no VIP treatment for anyone in prison custody.”
He said that Metuh like any inmate involved in a high profile criminal case, was kept with inmates who had allegedly committed similar offences, adding that this is according to laid down criteria in the prison system.
Enobore said, “When an inmate is brought to the prison, the age, criminal records and type of offence he committed are considered before we place him in a cell. When VIPs are sent to us, we isolate them from criminals who are in prison on account of violent offences like armed robbery, murder and other heinous crimes.
“We send them to a cell that houses people of similar offence record. We do what is called classification and this is according to laid down criteria. And what are the criteria? Age comes to play here, criminal record is considered and the type of offence. We try to group people.”
The immediate past National Security Adviser, Col. Sambo Dasuki (retd.), has filed a fresh application to stop his trial for charges of alleged diversion of about $2.1bn, part of funds meant for procurement of arms, before Justice Baba Yusuf of a Federal Capital Territory High Court in Maitama, Abuja.
Former National Security Adviser, Sambo Dasuki
The judge, however, on Thursday, fixed Friday (today) for the commencement of trial of Dasuki and his other co-accused.
Others who were on December 14, 2015 arraigned along with Dasuki on the same set of 19 counts are a former Director of Finance and Administration in the Office of the NSA, Shuaibu Salisu, and a former Director of the Nigerian National Petroleum Corporation, Aminu Baba-Kusa.
Aminu-Kausa’s two firms – Acacia Holdings Limited and Reliance Referral Hospital Limited – are also part of the accused.
It could not be ascertained whether the judge would be willing to take the fresh application filed by Dasuki on Friday (today).
The provisions of the Administration of Criminal Justice Act 2015 which is the law guiding criminal proceedings prohibits the hearing of any interlocutory application aimed at halting a criminal trial.
The new law in its sections 306 and 396 stipulate that such interlocutory applications having to do with the merit of the charges filed should only be considered at the stage when the substantive issue in the case is being addressed.
Section 306 of the ACJ Act reads, “An application for stay of proceedings in respect of a criminal matter before the court shall not be entertained.”
Section 396 (1) and (2) of the law reads, “The defendant to be tried on an information or charge shall be arraigned in accordance with the provisions of this Act relating to the taking of pleas and the procedure on it.
“After the plea has been taken the defendant may raise any objection to the validity of the charge or the information at any time before judgment provided that such objection shall only be considered along with the substantive issues and a ruling thereon made at the time of delivery of judgment.”
But our correspondent learnt on Thursday that the fresh application filed by Dasuki, through his lawyers, was predicated on grounds different from what used to be the basis for such motions usually filed by high profile suspects to terminate a criminal trial before the coming into force of the ACJ Act.
Some lawyers who had seen the application by Dasuki disclosed to our correspondent on Thursday that it was predicated on an allegation that the prosecution, was in contempt of court through the alleged disobedience of the court’s order granting bail to the former NSA.
“They are saying in the application that the judge cannot hear the charges because the prosecution has continued to disobey the court orders granting bail to the defendant,” a lawyer that was not willing to be named said.
Justice Yusuf had on December 18 granted bail to Dasuki and the rest of his co-accused in the sum of N250m with one surety each.
On December 21, Justice Peter Affen of the same FCT High Court in Maitama, Abuja also granted bail to Dasuki and his co-defendants with respect to another set of 22 counts of misappropriation of about N13bn, which was part of the arms fund, in the sum of N250m with two sureties in like sum.
But upon being released from prison after meeting the bail conditions, Dasuki was reportedly re-arrested by the operatives of the Department of State Services, in whose custody he has since remained.
The defence lawyers are of the view that their client’s re-arrest constituted an act of contempt and that his trial should be stopped on that basis.
The prosecution was scheduled to open its trial by calling its first witness on Thursday but was stalled due to the absence of Dasuki’s lawyers, Mr. Joseph Daudu (SAN) and Mr. Ahmed Raji (SAN), who had written to the court that they would be in Kogi State for an election petition case on Thursday.
Prosecuting counsel for EFCC, Mr. Rotimi Jacobs (SAN), and other defence counsel in the case did not oppose the request by Dasuki’s lawyers.
The judge then fixed the trial for 10am on Friday (today).
Earlier on Thursday, the judge had to stand down the matter for about one hour, to await the arrival of Dasuki, who was being conveyed to the court by the operatives of the DSS.
Justice Yusuf stood the case down till 11am after an assurance by Jacobs that the DSS operatives conveying the ex-NSA to court were already on their way.
The court reconstituted at about 11am and the letter by Dasuki’s lawyers was considered.
Though Jacobs raised concerns about the delay which the request by the defence lawyers would cause, he conceded to the request as did the other defence lawyers, comprising Messrs Wale Akoni (SAN), Solomon Umoh (SAN) and A.U Mustapha.
The accused persons, in the 19 counts, were accused of misappropriating about N32bn between January 13, 2013 and April 17, 2015, amounting to an offence of criminal breach of trust to provisions of section 315 of the Penal Code Act, and section 17 (b) of the EFCC Act, 2004.
They were charged with dishonest receipt of stolen property in breach of sections 97 and 317 of the Penal Code Act as well as receipt of proceeds of criminal conducts in breach of section 17(b) of the EFCC Act.
NATIONAL Chairman of Social Democratic Party, SDP, Chief Olu Falae, yesterday, said he has fixed next week to adequately address his alleged involvement in the ongoing arms deal scandal involving the former National Security Adviser, NSA, Col. Sambo Dasuki (retd).
Olu Falae
This came as he insisted that the alleged N100 million linking with with the former NSA was given him by former Chairman, Board of Trustees of the Peoples Democratic Party, PDP, saying he had never communicated with the former security chief since 1987,when he was Secretary to the Federal Government while the latter held sway as the Aide-de-Camp, ADC to then military president, General Ibrahim Babangida.
Former SGF shamefaced to be linked with scandal
He said he was ashamed to be linked with the scandal, adding that he had not involved himself in any shady deal in his life.
The former presidential candidate of defunct Alliance for Democracy, AD, said those seeking to blackmail him would permanently shut their mouths and have nothing any more to speak about the issue by the time he presents his side of the story next week.
Chief Falae, who addressed SDP faithful, after the party’s National Executive Council meeting, in Abuja, commended them for the maturity they handled the matter since it started.
He said the alliance he entered with the PDP was normal in a democracy, saying he did same for Buhari’s defunct All Nigerian Peoples Party, ANPP, in 2007, when Buhari ran as its presidential candidate.
He said: “Some people are still writing spurious nonsense but I intend to address the press sometimes next week, probably in Lagos, to tell my story so everybody can hear and the blackmailers can shut up for ever.”
‘I didn’t collect one naira from Dasuki’
Also, he said: “I have said so several times and I will say so now as a believer in God, that I did not collect even one naira from Col. Dasuki. Not just that, that I have had absolutely no feelings whatsoever, with Col. Dasuki. I think the last time I saw Col. Dasuki must have been in 1987, when he was ADC to General Babangida and I was Secretary to the Federal Government. So we worked together, that was on 1987.That is 29 years ago. So, ladies and gentlemen, please, put your mind at rest. I have nothing to do with Dasuki. I took no money from Dasuki.
“The N100 million they are talking about, it was the money sent by the PDP to our party, SDP, following our endorsement of their presidential candidate. After a hotly debate, we agreed to endorse their candidate and after the endorsement, they said ‘we know that your party hasn’t got money with which to campaign for our candidate. To enable you campaign effectively for him and your candidate, we want to send you some money and I said thank you.’
“And they sent this N100 million which I transferred to the account of your party. And which was used along other funds I raised for the party to conduct the last election. Remember that I set up a committee here which set up the modalities for distributing the money to the various states, depending on the number of candidates, whether you have a governorship candidate, House of Representatives candidates and the rest,
‘Money was for SDP, not for Olu Falae’
“So, the money was not for Olu Falae, I did not take one naira out of it. And since this party started, with all humility, I have been the sole source of funding for this party. I have used my personal funds, apart from my friends who work in private sector, even in government, under confidentiality, they have contributed money through me to fund this party, because they believe in me and they believe in this party.
“And we did not just endorse Jonathan, because we were not happy about the way that government was running, we told them that if we are going to support your man, you must fulfill certain conditions and those conditions were presented. We told them why we were not happy with their performance. We said they must accept a policy of zero tolerance for corruption, they must create jobs for the unemployed, that they must not spend all their revenue, they must leave some surplus for capital development and they must fight and destroy Boko Haram so that we can know peace in Nigeria and that they must restructure Nigeria so that every part of Nigeria will be happy to be in Nigeria and nobody will want to leave Nigeria. And finally that if the win the election with our support, they should allow us to have reasonable participation in the government.
‘Conditions we gave Chief Anenih in Akure’
“These were the conditions that we gave them when Chief Tony Anenih visited me in Akure. They accepted all the six conditions but after he left me, the spirit of God told me to write to him and I wrote a letter containing those six conditions. And he wrote back few days later, accepting all the conditions, saying after consulting all the organs of the PDP including the president, they were happy to accept all those SDP ‘s conditions.
“After accenting those conditions, I came here and you all saw the conditions and you said I should support them.
“So, it was a very principled arrangement, transparent arrangement. You put the interest of Nigeria first.
‘PDP was very desperate’
“When Chief Anenih travelled by road, an 85-year-old man travelled by road from Abuja to Akure, on a very bad road, that told me that their party was very desperate. And so, when he said would you support my party and I gave him terms, many Nigerians would have said settle me, abi? They would have said give me dollars, give me this and that, I would have appointed ministers, appointed ambassadors but I did not ask for anything from him.
“All your conditions were those that can make Nigeria a better place. I think that is patriotism.
“I keep reminding people that I did not just drop from the sky yesterday, I have been a public officer all my life. I became a permanent secretary at 39 years, around that tender age, I ran for departments and ministries. I did not take one naira from the place and I was a young man that needed money to do so many things in life but I didn’t take one kobo.
“Thereafter, I became managing director of Nigeria Merchant Bank, your signature and money came out, I did not take one naira. And that was the fastest growing bank at that time and after that General Babangida invited me to be secretary to the Federal Government and I gave him conditions, that he should negotiate with my bank to release me on secondment to the government and that at all times, during my tenure, I would remain the MD of the bank.
‘As SGF for 5 years, I earn nothing!’
“So, for the five years that I was secretary to the government, I did not earn one naira from the Federal Government. So, this man has never been after money.
“I am sure they know that what I am saying is the truth, that there was no connection between this party or myself with Dasuki. We did not take any money from Dasuki. The money sent to us was by the PDP based on the exchange of letters between us, which establishes the contract.
“I want to say it here, that two parties coming together is normal in a democracy. In 1999, AD and APP came together came together with together to sponsor me like now to fund that campaign.’’
“In 2007, ANPP approached our party for cooperation, to support their candidate who was General Buhari. We agreed and we did just that. ANPP had no money to continue but outsiders and friends of General Buhari contributed money to carry out the campaign for him in the South West. It’s normal, it was normal and it is normal now.
“So, I think I have said enough, let you see clearly and to feel proud of your party and proud of your national leader.’’
The Presidency has said that President Muhammadu Buhari will be willing to meet former President Goodluck Jonathan to get clarifications on the multi-million dollar arms procurement scandal, which is under investigation.
Jonathan and Buhari
The Special Adviser to the President on Media and Publicity, Mr. Femi Adesina, stated this in an interview with SUNDAY PUNCH on Saturday.
Our correspondent had asked if Buhari would be ready to grant Jonathan audience if the former President sought to make clarifications in view of the revelations coming from the Economic and Financial Crimes Commission’s probe of the scandal.
Adesina said because of Buhari’s belief in decency and civility, he would not shut out his predecessors, even if some people had done so in the past.
Adesina said, “A former President should always have access to a sitting one. It would be uncouth and indecent to shut out a former occupant of such lofty office. If some people did it to their predecessors in the past, it is not this President who believes in decency and civility.
“Yes, President Buhari will always grant audience to former President Jonathan, if there is any request for such. A rebuff does not come into the picture at all.”
A top government official told our correspondent on the condition of anonymity that the former President had tried to reach out to the National Security Adviser, Babagana Mongunu.
The source, however, said he did not know if Jonathan had succeeded in establishing a contact.
“I know that the former President has been trying to reach the NSA. Whether he has succeeded, I do not know. You can ask the NSA himself,” he said.
It was the NSA, on the orders of the President, who constituted the committee that has audited the procurement of arms and equipment in the Armed Forces and Defence sector from 2007 to 2015.
Most of the information in public domain on the arms scandal is from the findings of the committee, which has submitted two preliminary reports so far.
Based on the finding of the committee, the EFCC has ordered 18 military chiefs to appear before it on Monday.
It was learnt that the commission had sent invitations to some of the Generals and the companies, whose names featured in the report submitted to the President.
Buhari had on Friday directed the EFCC to carry out further investigation into the alleged misconduct established against some retired and serving officers of the Nigerian Air Force and Nigerian Army.
Those affected in the order include embattled former National Security Adviser, Col. Sambo Dasuki (retd.); former Chief of Defence Staff, Air Chief Marshal Alex Badeh (retd.); and two former Chiefs of Air Staff, Air Marshal MD Umar (retd.) and Air Marshal Adesola Amosun (retd.).
The Senior Special Assistant to the President on Media and Publicity, Mallam Garba Shehu, disclosed the President’s directive in a statement made available to journalists on Friday.
He listed others that the President asked the EFCC to probe to include Maj.-Gen. E.R Chioba (retd.); AVM I.A Balogun (retd.); AVM A.G Tsakr (retd.); AVM A.G Idowu (retd.);AVM A.M Mamu; AVM O.T Oguntoyinbo; AVM T. Omenyi; AVM J.B Adigun; AVM R.A Ojuawo; AVM J.A Kayode-Beckley; Air Cdre SA Yushau (retd.); Air Cdre A.O Ogunjobi; Air Cdre G.M.D Gwani; Air Cdre S.O Makinde; Air Cdre A.Y Lassa; and Col. N Ashinze.
Shehu said the directive was based on the recommendation of the committee established to audit the procurement of arms and equipment in the Armed Forces and Defence sector from 2007 to 2015.
In its first interim report, the Committee on Audit of Defence Equipment established that the sum N643bn and $2.1bn interventions were received for procurements by DHQ and the services between 2007 and 2015.
Justice Okon Abang of the Federal High Court, Abuja, on Friday ordered the spokesperson of the Peoples Democratic Party, Olisa Metuh, remanded in Kuje Prison in the Federal Capital Territory, while his trial for alleged money laundering offences continues.
Olisah Metuh
Mr. Metuh pleaded not guilty to the seven-count charge of fraud levelled against him by the Economic and Financial Crimes Commission, EFCC.
The EFCC is accusing him of receiving N400 million from the former National Security Adviser, Sambo Dasuki, believed to be part of a $2.1 billion meant for arms procurement but which was allegedly diverted by Mr. Dasuki.
After pleading not guilty to the charges, the counsel to the EFCC, Sylvanus Tahir, moved that the court decides a date for the continuation of the hearing, but requested that Mr. Metuh be remanded in prison while trial in the case continues.
But Mr. Metuh’s counsel, Onyeachi Ikpeazu, asked the court to discountenance the request for his client’s further detention, describing it as illegal and unconstitutional.
He said the EFCC had a legal obligation to provide them (the respondents) with a seven-day notice before the arraignment of Mr. Metuh in court.
Mr. Ikpeazu cited Section 158 of the Administration of Criminal Justice Act, 2015, which states that: “When a person who is suspected or accused is arrested or detained, appears in court, he shall, subject to the provision of this act, be admitted to bail.”
He therefore prayed the court to grant his client bail on liberal terms.
Responding, Mr. Tahir said the application for bail was oral and should therefore be refused.
He noted that the court was one of record keeping, stressing that an order be given for the application to reflect the status of the court.
Mr. Tahir asked the court to demand a written application so that the defendant’s grounds for the application would be put on record, as well as the prosecution’s ground for opposing the application.
He also added that Section 158 of the Administration of Criminal Justice Act mentioned by Mr. Ikpeazu dealt mainly with written application, a claim vehemently objected to by Mr. Ikpeazu.
After hearing the arguments of both parties, Mr. Abang noted that the matter for determination by the court was whether or not the oral application for bail should be granted.
He ruled that it was not out of place for the court to grant oral application for bail, stressing that section 158 and 162 of the constitution argued by both parties did not state whether an application for bail must be written or oral.
He however added that the court was not in a position to decide the prosecution’s ground for opposing the application for bail on Friday.
Mr. Abang added that where the prosecution is objecting to bail, it should be allowed to place on record the grounds on which it is objecting.
He also noted that the defence counsel should also be allowed to place its facts before the court to back its application for bail, arguing that both parties cannot place such facts “before the bar”.
Mr. Abang therefore refused the oral application for bail and directed that Mr. Metuh be remanded in prison,
He also gave the defence counsel six hours from the time of ruling to file its application for bail before the court, while the persecution had 24 hours after receiving the same application to file its brief of argument against it.
Mr. Abang further said the defence counsel was expected to submit its response within five hours of receiving prosecution’s brief of argument.
The matter was adjourned till January 19 for consideration of Mr. Metuh’s bail application.
The Economic and Financial Crimes Commission (EFCC) has filed a seven-count charge against the spokesman of the Peoples Democratic Party (PDP), Olisa Metuh.
Olisah Metuh
The charge marked: FHC/ABJ/CR/05/2016 was filed before the Federal High Court, Abuja, on Thursday morning.
Metuh is charged with breach of public trust, corrupt acquisition of public funds and money laundering.
A lawyer to the EFCC, Rotimi Jacobs (SAN), said Metuh may be arraigned on Friday.
Also, Justice Okon Abang of the Federal High Court, Abuja, has refused Metuh’s application to compel the EFCC to respond to his fundamental rights enforcement application on Thursday.
Justice Abang, in a ruling, said since the fundamental rights enforcement procedure rules allows a respondent five days to respond.
He rejected application by Metuh’s lawyer, Ifedayo Adedipe (SAN), to abridge the time within which the EFCC could file its response to his (Metuh’s) suit.
