Alleged N3.9bn fraud: Court grants ex-CDS, Badeh, N2bn bail

ABUJA—The Abuja Division of the Federal High Court, yesterday,  granted bail to the  former Chief of Defence Staff, Air Marshal Alex Badeh (retd),  to the tune of N2 billion.

Badeh, who has been in detention since February 8, is answering to a 10-count criminal charge preferred against him by the Economic and Financial Crimes Commission, EFCC. He is facing trial over allegation that he fraudulently diverted about N3.9 billion from account of the  Nigerian Air Force within 2013.

Trial Justice Okon Abang had on Monday, when the former military chief was docked by the anti-graft agency, ordered that he be remanded in Kuje prison pending the determination of his bail application.

At the resumed sitting, yesterday, Badeh, through his lawyer, Mr. Samuel Zibiri, SAN, begged the court to grant him bail on self recognition or on most liberal terms.

Zibiri anchored the bail request on  provisions of Sections 35 and 36 of the 1999 Constitution, as amended, as well as Sections 156, 162 and 165 of the Administration of Criminal Justice Act, 2015. He argued that all the allegations levelled against Badeh were  bailable offences.

Despite vehement opposition the EFCC raised against the bail application, trial Justice Abang overruled the agency, saying he was minded to exercise his discretion in favour of the defendant.

The court maintained that under section 36 of the Constitution, the defendant ought to be presumed innocent until his guilt is established. Justice Abang said fears EFCC expressed regarding the possibility of the defendant escaping out of the country once out of detention, was not enough to persuade the court to deny him bail.

“Th e court is enjoined to err on the side of protecting the liberty of the defendant until contrary is proved”, he held. He said EFCC’s allegation that Badeh would jump bail was nothing but “mere speculation,” adding that the Federal Government has the capacity to handle such situation.

Consequently, Justice Abang said he would in view of the amount contained in the charge, grant the defendant bail to the tune of N2 billion  with two sureties who are to deposit N1 billion each.

The court ordered that the sureties must not only be residents in Abuja, but must own landed property in the Federal Capital Territory with a valid Certificate of Occupancy.

It said the Chief Registrar of the court must authenticate the ownership and value of the property. Justice Abang directed that upon being put on notice by the defendant, the EFCC should within 24 hours, independently ascertain the residence of the sureties as well as their ownership and value of the landed property.

Besides, the sureties are to provide their three years tax clearance certificates, deposit the original title documents of the property, and also depose to an affidavit of means.

The sureties, according to the court, must also submit their two recent passport photographs, as well as produce a convincing evidence that they have the means to pay the total sum contained in the charge, should the defendant jump bail.

Alleged N3.9bn fraud: Court grants ex-CDS, Badeh, N2bn bail

Court remands ex-Chief of Defence Staff, Badeh in prison

A Federal High Court sitting in Abuja has remanded a former Chief of Defence Staff, Alex Badeh, in Kuje Prison.

Alex Badeh Ibrahim Seid Mahamat

Badeh was arraigned before the court today on 10 counts of money laundering.

The arraignment was initially billed for Thursday last week, but had to be shifted because of the absence of Justice Okon Abang.

The EFCC had on Monday last week filed 10 counts of money laundering against Badeh and a firm, Iyalikam Nigeria Limited, accusing them of fraudulently removing N3.97bn from the account of the Nigerian Air Force in 2013.

Badeh was said to have allegedly perpetrated the fraud along with Iyalikam Nigeria Limited while he was the Chief of Air Staff.

The relationship between Badeh and the company was not disclosed in the charges.

The accused allegedly bought landed assets in many choice areas of Abuja with the money.

The assets allegedly include a mansion at No. 6, Ogun River Street, Off Danube Street, Maitama, Abuja, which the defendants were said to have purchased with N1.1bn.

The accused also allegedly bought a commercial plot of land at Plot 1386, Oda Crescent Cadastral Zone A07, Wuse II, Abuja, for N650m.

They were said to have paid N878m for the construction of a shopping mall at Plot 1386, Oda Crescent Cadastral Zone A07, Wuse II, Abuja, and another sum of N304m to complete the construction.

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Court remands ex-Chief of Defence Staff, Badeh in prison

Court rejects ex-Defence Chief Badeh’s application for bail

Evelyn Okakwu

A Federal High Court in Abuja on Friday struck out a bail application filed by former Chief of Defence Staff, Alex Badeh.

Alex Badeh Ibrahim Seid Mahamat

Justice John Tsoho said he could not give bail because there was a subsisting remand order by a Lagos Magistrate Court, and there was no application to set it aside.

Mr. Tsoho said Mr. Badeh, a retired Air Chief Marshal, only filed an application for bail, and not to set aside the order of the magistrate court obtained by the Economic and Financial Crimes Commission, EFCC.

The judge had on Monday reserved March 4 for his ruling on the bail application.

Mr. Badeh has been in the custody of the EFCC since February 8, and is facing a 10-count charge of criminal breach of trust and corruption to the tune N3.9billion. He denies wrongdoing.

Samuel Zibiri, counsel to the former defence chief, had asked the court to admit Mr. Badeh to bail on self-recognition or on liberal terms pending his arraignment by the anti-graft agency.

He argued that Mr. Badeh had voluntarily honoured the invitation of the EFCC on February 8.

Mr. Zibiri also said Mr. Badeh had been detained for more than the period required by the Constitution without trial.

However, Cosmos Ugwu, counsel to the EFCC, opposed the application, saying the commission should be allowed to complete its investigation.

Mr. Ugwu argued that the applicant’s current detention in Lagos was not related to the earlier issues that led to his invitation and subsequent detention in Abuja.

Mr. Badeh was to be arraigned before Justice Okon Abang of the Federal High Court, Abuja, on Thursday, but the case was shifted to March 7 owing to the absence of the judge.

Court rejects ex-Defence Chief Badeh’s application for bail

EFCC grills Diezani’s husband, moves ex-CDS Badeh to Lagos

The Economic and Financial Crimes Commission on Wednesday grilled Rear Admiral Alison Madueke (retd.), for several hours at its head office in Abuja.

Madueke, who is the husband of the immediate past Minister of Petroleum Resources, Diezani, was said to have honoured an invitation by the commission.

The interrogation of Madueke, one of our correspondents learnt, followed the discovery of about $600,000 in his personal accounts.

He was said to have been released on administrative bail while his passport was seized by the anti-graft agency.

He was also asked to return to the EFCC at a later date to answer more questions.

The lawyer for the Madueke family, Mr. Oscar Onwudiwe, confirmed that the former Chief of Naval Staff was at the EFCC office.

He, however, said he did not know the reason for his invitation.

Onwudiwe said, “He honoured an invitation by the EFCC and has left.”

When asked why Madueke was invited, the lawyer said, “I really do not know. The EFCC has become something else under this government. They have been empowered and believe the best way to work is to leak stories to the media.”

On the allegation of money laundering, Onwudiwe said, “I don’t know. I haven’t spoken to him yet.”

Attempts to get the EFCC’s spokesman, Wilson Uwujaren, did not succeed as calls to his mobile phone did not connect.

A top operative in the commission, who confided in The PUNCH, said the former Chief of Naval Staff had been released.

“He was summoned over $600,000 allegedly found in his accounts. He has been given an administrative bail.”

Meanwhile, the commission has moved the immediate past Chief of Defence Staff, Air Chief Marshal Alex Badeh (retd.), from Abuja to Lagos as its investigations into the $2.1bn arms scandal intensify.

The PUNCH learnt on Wednesday from a reliable source within the EFCC that some of Badeh’s properties in Lagos might be searched and seized by the commission.

Badeh, who has been in the custody of the anti-graft agency since February 8, is being questioned in connection with arms contracts totalling $930.5m, which were allegedly awarded under his leadership.

The money is said to be part of the $2.1bn meant for arms purchase, which was under the control of the Office of the National Security Adviser, headed then by Col. Sambo Dasuki (retd.).

Badeh is also said to be answering questions on the non-specification of procurement costs, absence of contract agreements, award of contracts beyond authorised thresholds, transfer of public funds for unidentified purposes and general non-adherence to provisions of the Public Procurement Act.

A reliable source said Badeh’s movement to Lagos was to identify some properties or business that might belong to him.

He explained that under the law, the EFCC could invoke the Assets Forfeiture clause to seize the properties of those who allegedly diverted or misappropriated funds meant for arms procurement in line with sections 28 and 34 of the EFCC (Establishment Act) 2004 and Section 13(1) of the Federal High Court Act, 2004.

The detective added, “We are trying to trace houses that belong to some of the military chiefs. Apart from checking their bank accounts, we want to find out if part of the money for arms procurement was spent on those houses.

“Based on the outcome of our investigations, Badeh may be charged to a Lagos High Court instead of Abuja.”

Two weeks ago, the commission seized houses said to be worth over N5bn, belonging to some Nigerian Air Force officials.

The houses, which were seized in the Ikoyi, Victoria Island, Ikeja and Badagry areas of Lagos State, allegedly belong to the immediate past Chief of Air Staff, Air Marshal Adesola Amosu (retd.); the immediate past Chief of Accounts and Budgeting of the Nigerian Air Force, Air Vice-Marshal J. B. Adigun; and Air Commodore O. O. Gbadebo, who was the Director of Finance and Budget at NAF.

In a related development, the EFCC said it had obtained a remand order to keep Col. Ojogbane Adegbe, the Aide-de-Camp to former President Goodluck Jonathan in detention pending investigations.

A reliable source in the EFCC told our correspondent on Wednesday that with the remand order, Adegbe could remain in custody for the next 20 days.

The ex-president’s ADC has meanwhile denied media reports that he said Nigeria would burn if he revealed what happened under the Jonathan’s administration.

In a letter written by his lawyer, Chief Ogwu Onoja (SAN), Adegbe said he would sue the newspaper which carried the story which he described as false.

EFCC grills Diezani’s husband, moves ex-CDS Badeh to Lagos

Arms Procurement: EFCC confronts Badeh with details of expenditure

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.

 

Arms Procurement: EFCC confronts Badeh with details of expenditure

Exclusive: Audit Report That Set Off Probe Of Top Military Officers, Defense Contractors

SaharaReporters has exclusively obtained a copy of the audit report that detailed apparent extensive fraud in the procurement of equipment for the Nigerian military, and triggered President Muhammadu Buhari’s order to the Economic and Financial Crimes Commission (EFCC) to investigate the role played by several retired and serving officers as well as civilian contractors.

Alex Badeh Ibrahim Seid Mahamat

The audit committee began its work at the end of August 2015, and looked at procurement of weapons and equipment for the period from 2007 to 2015. According to the confidential report, the committee examined documents and information provided by several ministries, departments and agencies. It also analyzed information it gathered from organizations that provided funds in local or foreign currencies to the Office of the National Security Adviser (ONSA), the Defense Headquarters, and the various arms of Nigeria’s military services.

According to the report, the committee examined more than N643.8 billion in local currency contributions to defense expenditure, with the foreign currency component topping $2 billion. The audit committee disclosed that their collation of defense funds did not “include grants from State Governments and funds collected by the DSS [Department of State Services] and [the] police.”

The audit report noted that, “in spite of this huge financial intervention, there has not been significant improvement in the capacity and capability of the Armed Forces.”

​The committee revealed that it had substantially covered the audit of procurement activities by the Nigerian Air Force (NAF) and ONSA, but those of the Ministry of Defense (MOD), DHQ, Nigerian Army (NA) and Nigerian Navy (NN) were ongoing.

“The procurement activities funded by ONSA were wide ranging and included acquisitions of platforms, weapons, ammunition and equipment,” the audit committee stated in its damning report. It continued: “Most of the ONSA-funded contracts were awarded to Messrs Societe D’ Equipmente Internationaux (SEI) Nigeria Limited and E-Force Interservices Nigeria Limited,” the audit stated. According to the audit report, ​ between February 2014 and May 2015, SEI “handled 38 ONSA funded contracts. Twenty-eight of the contracts were for the NA while 10 were for the NAF. However, the Committee could only establish the cost of three of the NA contracts amounting to nine hundred and twenty-nine million, five hundred and thirty-five thousand US Dollars ($929,535,000.00). The total cost for the 10 NAF contracts was nine hundred and thirty million, five hundred thousand, six hundred and ninety US Dollars ($930,500,690.00). Thus, a total cost of one billion, eight hundred and sixty million, thirty-five thousand, six hundred and ninety US Dollars ($1,860,035,690.00) was expended by the ONSA to fund the NA and NAF contracts.”

One of the numerous anomalies reported by the audit committee was the absence of cost of defense items in the NAF letters awarding the contracts. “Rather, the vendors’ invoices that were all issued on the same date (March, 19 2015) reflected such details. Additionally, some of the award letters contained misleading delivery dates that indicated fraudulent intention in the award process. The observed discrepancies are in clear contravention of extant procurement regulations.”

The committee disclosed that its members had yet to physically inspect the procured equipment, adding that it “thus cannot confirm their delivery or serviceability status.” In particular, the committee “particularly noted the issue of procurement of two Mi-24 helicopters through SEI Nigeria Ltd that were deployed to the North East Operations in unserviceable condition which resulted in the unfortunate death of [the] late Group Captain U.N. Akpan and Master Warrant Officer Zabesan H.”

One of the contracts highlighted by the audit was one for $520 million awarded by the ONSA to E-Force Nigeria Ltd in February 2014 for the supply of 12 combat helicopters, rocket launchers and the training of Special Forces. The audit found out that the Central Bank of Nigeria (CBN), on the orders of the ONSA, had mobilized E-Force Nigeria Ltd with $146 million after the contracts were signed. Even so, the NAF “has emphatically denied knowledge of the procurement or delivery of the helicopters to the Service,” the audit stated. It added that the Army “did not reflect the procurement of the rocket launchers in its submission to the Committee.”

The audit committee also highlighted the questionable procurement of four Alpha-Jets in July 2014. It revealed that the ONSA awarded a contract of more than $7 million to Messrs Abbatare Nigeria Ltd, Konet Limited and Air USA for the procurement of the jets, including weaponization, avionics upgrade and provision of spares for the NAF. But the audit discovered that the jets were procured on an “as is” basis through Mr. Uptal Nandy, a UK-based Indian veterinary doctor. “As is,” “where is” meant that the equipment would be supplied in its present condition “and the seller was not obliged to carry out any repairs or maintenance on the aircraft.”

According to the audit, Nigerian Air Force personnel “confirmed that only two of the aircraft were ferried to Nigeria in Apr 2015 after cannibalization of engines from NAF fleet.” It added that the remaining two Alpha-jets were “still in the USA awaiting repairs and clearance from the USA State Department.”

The audit uncovered a series of suspicious transfers of funds through the CBN. The committee stated that, between September 17, 2012 and March 9, 2015, former National Security Adviser, retired Colonel Sambo Dasuki, and ONSA’s former Director of Finance and Administration, Mr. S.A. Salisu, ordered the CBN to transfer various sums of money totaling more than €9.9 million. The funds were transferred to “various accounts in Nigeria, Niger Republic and UK for unascertained purposes.”

Exclusive: Audit Report That Set Off Probe Of Top Military Officers, Defense Contractors

#Dasukigate: Buhari orders probe of Badeh, other ex-Generals

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, President Muhammadu Buhari has directed the Economic and Financial Crimes Commission (EFCC) to carry out further investigation into the misconduct established against the following retired and serving officers of the Nigerian Air Force and Nigerian Army:

(1)​Air Chief Marshal AS ​Badeh (Rtd)

(2)​Air Marshal ​MD ​Umar ​ (Rtd)

(3)​Air Marshal​ AN ​Amosu (Rtd)

(4)​ Maj-​Gen. ​ER ​Chioba (Rtd)

(5)​AVM​​ IA​ Balogun (Rtd)

(6)​AVM ​AG​ Tsakr ​ (Rtd)

(7)​AVM​​ AG​ Idowu (Rtd)

(8)​AVM ​AM ​Mamu

(9)​AVM ​OT ​Oguntoyinbo

(10)​AVM ​T ​Omenyi

(11)​AVM ​JB ​Adigun

(12)​AVM​​ RA ​Ojuawo

(13)​AVM ​​JA ​Kayode-Beckley

(12)​Air Cdre ​SA ​Yushau (Rtd)

(13)​Air Cdre ​AO ​Ogunjobi

(14)​Air Cdre​ GMD ​Gwani

(15)​Air Cdre SO ​Makinde

(16)​Air Cdre AY ​Lassa​

(16)​Col ​​N ​Ashinze

(17)​Lt Col. ​MS ​Dasuki (Rtd)

 Following the submission of the audit committee’s second interim report, President Buhari has directed the EFCC to investigate the roles of the officers and the following companies and their directors in fundamental breaches associated with the procurements by the Office of the National Security Adviser (ONSA) and the Nigerian Air Force (NAF).(1)​Messrs Societe D’ Equipments Internationaux

(2) Himma Aboubakar

(3)​Aeronautical Engineering and Technical Services Limited

(4)​Messrs Syrius Technologies

(5) Dr Theresa A. Ittu

(6)​Sky Experts Nig Ltd

(7)Omenyi Ifeanyi Tony

(8)​Huzee Nig Ltd

(9)​GAT Techno Dynamics Ltd

(10) Gbujie Peter Obie

(11) Onuri Samuel Ugochukwu

(12)​Spacewebs Interservices Ltd

(13)Oguntoyinbo Tayo

(14) Oguntoyinbo Funmi.

(15) ​Delfina Oil and Gas Ltd

(16)Chief Jacobs Bola

(17)​Mono Marine Corporation Nig Ltd

(18)​Geonel Intergrated Services Ltd

(20)Sachi Felicia

(20) Mudaki Polycarp

(21)Wolfgang Reinl.

The breaches identified by the Audit Committee include non-specification of procurement costs, absence of contract agreements, award of contracts beyond authorised thresholds, transfer of public funds for unidentified purposes and general non-adherence to provisions of the Public Procurement Act.

Furthermore, the procurement processes were arbitrarily carried out and generally characterized by irregularities and fraud. In many cases, the procured items failed to meet the purposes they were procured for, especially the counter insurgency efforts in the North East.

​A major procurement activity undertaken by ONSA for NAF was that concerning the contracts awarded to Societe D’ Equipment Internationaux (SEI) Nig Ltd.

Between January 2014 and February 2015, NAF awarded 10 contracts totalling Nine Hundred and Thirty Million, Five Hundred Thousand, Six Hundred and Ninety US Dollars ($930,500,690.00) to SEI Nig Ltd.

Letters of award and End User Certificates for all the contracts issued by NAF and ONSA respectively did not reflect the contract sums. Rather, these were only found in the vendor’s invoices, all dated 19 March 2015. Additionally, some of the award letters contained misleading delivery dates suggesting fraudulent intent in the award process. The observed discrepancies are in clear contravention of extant procurement regulations.

The SEI contracts included procurement of two used Mi-24V Helicopters instead of the recommended Mi-35M series at the cost of One Hundred and Thirty Six Million, Nine Hundred and Forty Four Thousand US Dollars ($136,944,000.00).

However, it was confirmed that the helicopters were excessively priced and not operationally air worthy at the time of delivery. A brand new unit of such helicopters goes for about Thirty Million US Dollars ($30m). Furthermore, the helicopters were delivered without rotor blades and upgrade accessories.

Additionally, the helicopters were undergoing upgrade while being deployed for operation in the North East without proper documentation. It was further established that as at date, only one of the helicopters is in service while the other crashed and claimed the lives of two NAF personnel.

​

The Committee established that ONSA also funded the procurement of 4 used Alpha-Jets for the NAF at the cost of Seven Million, One Hundred and Eighty Thousand US Dollars ($7,180,000.00). However, it was confirmed that only 2 of the Alpha-Jet aircraft were ferried to Nigeria after cannibalization of engines from NAF fleet.

This is contrary to the written assertion of the former Chief of Air Staff, Air Marshal AN Amosu to the former NSA that all the 4 procured Alpha-Jets aircraft were delivered to the NAF.

The non-militarisation of the Alpha-Jets made them unsuitable for deployment to the North East and they are currently deployed only for training at NAF Kainji.

Furthermore, the procurement of the Alpha-Jets was contrary to the recommendation of the assessment team. The Committee found that the conduct of Air Marshal Amosu was deliberately misleading and unpatriotic.

The contract for the procurement of 36D6 Low Level Air Defence Radar for the NAF was awarded to GAT Techno Dynamics Ltd in April 2014 at the cost of Thirty Three Million US Dollars ($33m) and was funded by ONSA.

The Committee established that the radars were excessively priced as a complete set of such radars (comprising 6 radars including the Control Centre) goes for Six Million US Dollars ($6m) averagely. The Committee observed that the radars were delivered without the vital component of Identification Friend or Foe (IFF) that distinguishes between own and adversary aircraft, which has significantly degraded the operational capabilities of the NAF in the North East.

It was further observed that the sum of Three Million, Three Hundred Thousand US Dollars ($3.3m) was fraudulently included in the contract agreement as VAT and With Holding Tax and subsequently paid into the bank accounts of Spacewebs Interservices Ltd and Delfina Oil and Gas Ltd.

The Committee further established that Two Million US Dollars ($2m) from the proceeds was transferred to Mono Marine Corporation Nig Ltd, which is jointly owned by principal characters in this deal. The Committee opined that the infractions of extant regulations by these companies were clearly intended to defraud.

​

It was established that between September 2009 and May 2015, the NAF expended about Fifteen Billion Naira (N15bn) on the maintenance of its Alpha-Jets, C-130H aircraft and Mi-24V/35P helicopters. Out of this amount, Four Billion, Four Hundred and Two Million, Six Hundred and Eighty Seven Thousand, Five Hundred and Sixty Nine Naira, Forty One Kobo (N4,402,687,569.41) was paid out for contracts not executed.

It was also observed that in carrying out these maintenance activities, contracts worth over Two Billion, Five Hundred Million Naira (N2.5bn) were awarded to Syrius Technologies, a Ukrainian company that was not registered in Nigeria. Regrettably, in spite of these expenditures, the status of NAF fleet remained operationally appalling as only 3 Alpha-Jets, 2 C-130H and one each of Mi-24V and Mi-35P were serviceable as at 28 May 15.

In October 2013, NAF awarded contracts to DICON for the supply of weapons and ammunition at the cost of Five Hundred and Ninety Nine Million, One Hundred and Eighteen Thousand Naira (N599,118,000.00). However, only 2 of the 7 items contracted were delivered to NAF while the outstanding 5 items remained undelivered despite repeated requests to DICON.

The Committee also found that the delivered ammunition were about 40 years old, thereby casting doubts on their shelf life. The failure of DICON to fully execute the contract and the delivery of aged ammunition diminished the capacity of the NAF in North East operation.

The Committe uncovered insider dealings by military officers in procurement activities undertaken by ONSA and the NAF. The officers were found to have misused or abused their offices for personal gains by influencing award of contracts to private companies in which they have substantial interests.

For instance, an officer serving in the ONSA used his office to secure 2 contracts for his company, Geonel Integrated Services Ltd, for the protection of 20 Dams and Presidential Air Fleet security at the cost of Six Billion, Two Hundred and Fifty Million Naira (N6,250,000,000.00) and Five Million US Dollars ($5m) respectively.

Furthermore, some NAF officers used their companies to collect VAT and With Holding Tax that were never remitted to FIRS while another officer was found to have cross transferred about Five Hundred Million Naira (N500m) between a NAF company, Aeronautical Engineering and Technical Services Limited, SkyExperts Nig Ltd and Huzee Nig Ltd, companies in which he had personal interests.

It would be recalled that in its First Interim Report, the Committee on Audit of Defence Equipment established that the sum of Six Hundred and Forty Three Billion Naira (N643bn) and Two Billion, One Hundred Million US Dollars ($2.1bn) interventions were received for defence procurements by DHQ and the Services between 2007 and 2015.

In continuation of its assignment, the Committee has so far established that the nation spent about Twenty Nine Billion Naira (N29bn) and Two Billion US Dollars ($2bn) on NAF procurement activities alone.

Garba Shehu

SSA to the President

(Media & Publicity)

January 15, 2016

#Dasukigate: Buhari orders probe of Badeh, other ex-Generals

Borno elders demand Jonathan’s apology over Boko Haram killings

Following the disclosure by the immediate past Chief of Defense Staff, Alex Badeh that the Nigerian troops were ill equipped for the fight against Boko Haram, Borno Elders’ Forum on Tuesday called on former president Goodluck Jonathan to make an unreserved apology to the people of the state for his failure to handle the crisis.

President Jonathan

The forum in a statement signed by its chairman, Amb. Usman Gaji Galtimari, wondered why Governor Kashim Shettima was “almost hanged to death” when he made the same assertion as Badeh.

The elders were also shocked that Badeh was complacent with a sensitive issue that led to massive loss of lives and property without justification.

“What particularly baffles the Borno Elders’ Forum was that at some point in 2014, the Governor of Borno State, Kashim Shettima, had said it publicly after assessing the true situation as the man on ground that troops deployed in the fight against insurgents seriously lacked and required better military equipment and that those at battle fronts were poorly motivated. Several voices were raised in support of the Governor’s position.

“The Governor’s comments were completely rebuffed by the then President of Nigeria  who went as far as threatening to withdraw soldiers from Borno as he spoke on live television interview relayed by the Nigerian Television Authority, at a Presidential Media Chat. Not only did the President rebuke the Governor and by extension, the people of Borno State, his aides followed suite and roundly condemned the Governor,” the statement said.

The elders in the light of Badeh’s confession, which according to them has vindicated the governor, demanded the following:

–  A National Judicial Commission of Enquiry under an incorruptible judge from preferably the Southern Nigeria be set up to ask the immediate past President questions on why his administration refused to provide the military with the required functional and superior equipment whereas our sons and daughters were exposed to mass murder, severe injuries and grave destructions of our communities

– If the former government is found wanting it should be charged for genocide against the people of Borno State or at least criminal negligence at the International Criminal Court of Justice.

– The retired CDS retired should also be asked why he kept silent when the military under his command was not provided with the right equipment. He had the option of speaking or resigning as he ought to have done in order to draw attention of the world and by that he would have saved lives of Borno people.

– A list of citizens of Borno State killed from the time the issue of military capacity became in question, is compiled and relations of those killed are fully compensated for the death of their loved ones as a result of criminal negligence.

– A list of soldiers sent on missions without being properly equipped and exposed to death at different battle fronts in Borno State, is also compiled and that they are specifically celebrated with their survivors fully compensated since their bread winners died not just in combat but out of negligence of those in authority.

– An unreserved apology is tendered by the immediate past President and his service chiefs to the people of Borno State, especially those lost relations and also to Governor Kashim Shettima for all the humiliation he was made to suffer for telling the truth about capacity of the military at that time.

Borno elders demand Jonathan’s apology over Boko Haram killings

Amnesty International accuses Badeh, Minimah, Ihejirika, others “potentially” guilty of war crimes

Global human rights organisation, Amnesty International (AI) has called for the immediate investigation of top past and present military commanders for possible war crimes and crimes against humanity committed by the Nigeria military in its fight against Islamist extremist insurgents, Boko Haram.

Alex Badeh Ibrahim Seid Mahamat

A report released Wednesday titled: Stars on their shoulders. Blood on their hands: War crimes committed by the Nigerian military, AI alleged that over 7,000 men and boys suspected to be member of the Boko Haram have died in military detention since March 2011, and more than 1,200 others have been unlawfully killed since February 2012.

Amnesty International claimed that the report provides compelling evidence gathered from interviews with over 400 victims, senior military officials, and leaked military reports and correspondences to warrant investigations into “individual and command responsibilities of soldiers, and mid-level and senior-level military commanders up to the Chief of Defence Staff and Chief of Army Staff who should be investigated for the alleged war crime and crime against humanity”.

The report further listed nine former and present top military commanders that should be investigated. They include: Major General John A.H. Ewansiha, Major General Obida T Ethnan, Major General Ahmadu Mohammed, Brigadier General Austin O. Edokpayi, and Brigadier General Rufus O. Bamigboye for potential individual or command responsibility for the war crimes of murder, torture and enforced disappearance.

Other top military commanders named by AI are: General Azubuike Ihejirika, Chief of Army Staff, Sept 2010 – Jan 2014, Admiral Ola Sa’ad Ibrahim, Chief of Defence Staff, Oct 2012 – Jan 2014, Air Chief Marshal Badeh, Chief of Defence Staff, Jan 2014 – date, General Ken Minimah, Chief of Army Staff, Jan 2014 -date, whom AI said should be investigated for “potential command responsibility for crimes of murder, torture and enforced disappearance committed by their subordinates.” The organisation further added that the above persons should be held responsible if they knew of the commission these crimes and did not take appropriate steps to prevent them or ensure that perpetrators are brought to justice.

AI therefore called on the Nigerian government to undertake prompt, independent and effective investigations of the allegations.

“This sickening evidence exposes how thousands of young men and boys have been arbitrarily arrested and deliberately killed or left to die in detention in the most horrific conditions. It provides strong grounds for investigations into the possible criminal responsibility of members of the military, including those at the highest levels,” said Salil Shetty, Amnesty International’s Secretary General.

“Whilst an urgent and impartial investigation of these war crimes is vital, this report is not just about the criminal responsibility of individuals. It is also about the responsibility of Nigeria’s leadership to act decisively to end the pervasive culture of impunity within the armed forces,” he added.

Gruesome and Horrific treatment of Detainees

The report revealed gruesome and horrific treatment of suspects, some as young as nine years old. Ii said the military used summary executions, mass murder, starvation, suffocation and torture against the victims.

According to the report, the over 20,000 young men arrested by the military in the northeast since the war with Boko Haram were kept in “extremely overcrowded, unventilated cells without sanitary facilities and with little food or water. Many are subjected to torture and thousands have died from ill-treatment and as a result of dire detention conditions.”

One former detainee quoted in the report told AI that: “All I know was that once you get detained by the soldiers and taken to Giwa [military barracks], your life is finished.”

A top military source allegedly told AI that 683 detainees died in military custody between October 2012 and and February 2013. Further evidence also obtained by the organisation shows in 2013 4,700 bodies were brought to a mortuary from a detention facility in Giwa Baracks, Maiduguri and in June alone more than 1,400 corpses were delivered in to the mortuary.

“The soldiers said: “Welcome to your die house. Welcome to your place of death,” a detainee who spent four months in Giwa Baracks told AI. He said only 11 of the 122 men he was arrested with survived.

Sometimes up to 300 inmates were kept in a tiny cell and communicable diseases such as cholera were rife at the centres.

The detainees are mostly denied of food and water that they sometime rely on drinking others urine for survival, the report claimed.

“Hundreds have been killed in detention either (by soldiers) shooting them or by suffocation,” a military officer told AI

AI said it confirmed that on a single day, 19 June 2013, 47 detainees died there as a result of suffocation.

Most of the victims died from chemical inhalation from the fumigation meant to stop the spread of diseases.

The organisation also revealed that most of the killing were in form of reprisal actions after Boko Haram attacks.

In some cases the military will round up all the young men in a community and kill them under the guise of carrying out mop up operations.

Top commanders knew

Amnesty International alleges that top military commander including the Chief of Army Staff and Chief of Defence Staff, were regularly informed of operations conducted in north-east Nigeria likely to be were aware of the atrocities allegedly committed.

“Evidence shows that senior military leaders knew, or should have known, about the nature and scale of the crimes being committed. Internal military documents show that they were updated on the high rates of deaths among detainees through daily field reports, letters and assessment reports sent by field commanders to Defence Headquarters (DHQ) and Army Headquarters,” the report stated.

“Amnesty International has seen numerous requests and reminders sent from commanders in the field to DHQ warning of the rise in the number of deaths in custody, the dangers of fumigation and requesting a transfer of detainees. In addition, reports by teams sent by DHQ to assess military facilities and “authenticate data”, highlight death rates and warn that overcrowding was causing serious health problems and could lead to “an epidemic,” it added.”

“Despite being informed of the death rates and conditions of detention, Nigerian military officials consistently failed to take meaningful action. Those in charge of detention facilities, as well as their commanders at army and defence headquarters, must be investigated,” said Salil Shetty.

Amnesty International accuses Badeh, Minimah, Ihejirika, others “potentially” guilty of war crimes