The Economic and Financial Crimes Commission on Tuesday accused the immediate past National Security Adviser, Col. Sambo Dasuki (retd.), of compromising the security of the nation and committing economic sabotage through his alleged diversion of over N32bn meant for the purchase of arms to fight terrorists in the North -East.
Former National Security Adviser, Sambo Dasuki
The commission, which also gave more details about the alleged diversion of funds meant for the purchase of arms by the office of the NSA during Dasuki’s tenure, said there were documents showing that the ex-NSA gave the approval for the release of the funds to the accounts of private companies and individuals for the procurement of arms.
EFCC’s lawyer, Mr. Rotimi Jacobs (SAN), said this before Justice Yusuf Baba of the Federal Capital Territory High Court in Maitama, Abuja, while opposing the bail applications filed by Dasuki and his co-accused persons, who are being prosecuted on 19 counts of conspiracy, criminal breach of trust and dishonest misappropriation of the money.
The other accused persons, who had pleaded not guilty to all the 19 counts on Monday, 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, and two companies.
The two companies, in which Baba-Kusa are their directors, are Acacia Holdings Limited and Reliance Referral Hospital Limited.
Jacobs, who said the accused persons were still under investigation for other “aspects of the case”, added that the EFCC was still tracing assets linked to the proceeds of the diversion of the funds.
The EFCC, however, alleged that Dasuki had purchased houses in London and Dubai with the proceeds of the funds meant for the purchase of arms for the soldiers battling the terror group, Boko Haram, in the North-East states.
The prosecution also alleged in its counter-affidavit that Dasuki transferred huge sums of money to companies whose identities were still being traced, adding that he transferred large sums of money outside Nigeria to acquire “several assets in Dubai and London.’’
Its counter-affidavit also read, “That our investigation also revealed that the applicant transferred large sums of monies outside Nigeria and he acquired several assets in Dubai and London with these funds.”
The defence lawyers, representing the accused persons – Ahmed Raji (SAN) for Dasuki, A. U. Mustapha for Salisu, and Solomon Umoh (SAN) for Baba-Kusa and his companies – had, while moving their respective bail applications, maintained that the charges filed before the court did not indicate that the money in question was meant for the procurement of arms.
But Jacobs, in picking holes in the lawyers’ contention, referred the judge to pages 14 to 58 of the prosecution’s proof of evidence, which he said contained documents detailing the approval of the former NSA for the release of various sums of money to individuals and private companies for the procurement of arms.
Jacobs said, “In our proof of evidence, we mentioned security money meant for purchase of arms. We also mentioned security equipment, but they decided not to look at it.
‘‘Page 14 to page 58 of our proof of evidence showed approval for the supply of security equipment, satellite and arms. All the charges we filed were based on funds approved for the purchase of arms.”
In a counter-affidavit, deposed to by an EFCC detective, Hassan Saidu, the anti-graft agency alleged that the funds were released to private companies and individuals “who have nothing to do with the supply of security equipment or rendering security services”.
According to the 19 charges preferred against the accused persons, Dasuki, Salisu and Senior Special Assistant, Domestic Affairs to the President, Waripamowei Dudafa, released N10bn to the Peoples Democratic Party for the presidential primary delegates.
It was also alleged that N2.1bn was paid into the account of DAAR Investment and Holding Company Limited, controlled by one Dr. Raymond Dokpesi for the funding of media activities for the 2015 Presidential Election Campaign for the PDP.
The sum of N1.45bn was also allegedly paid to Acacia Holdings Limited, controlled by Baba-Kusa, to organise prayers.
Again, the sum of N750m was allegedly paid to Reliance Referral Hospital Limited in favour of Baba-Kusa for prayers.
Belsha Nigeria Limited, controlled by Bello Matanwalle, was also said to have received N380m to support some members of the House of Representatives for their re-election campaign.
General Hydrocarbons Limited controlled by Thisday publisher, Nduka Obaigbena was also said to have received N670m for “energy consulting”.
The office of the NSA was also said to have paid N260m to a former Minister of Works, Chief Tony Anenih, who was also the Chairman of the PDP Board of Trustees, during the March 28 presidential election.
Senator Iyorchia Ayu was also said to have received N345m for the construction of shopping mall at Jabi, Abuja, purporting the said sum to be payment for satellite charges and security equipment.
EFCC said in its counter-affidavit that it was in the interest of the accused persons to remain in protective custody in order to shield them from being attacked by relatives of innocent soldiers who were drafted to fight Boko Haram without sufficient equipment.
The affidavit read in part, “That the charges being alleged against the defendant/applicant (Dasuki) border on economic sabotage that strikes at the very foundation of Nigeria well-being and existence.
“That it is in the interest of justice to put the applicant in protective custody so as to shield him from a possible attack by the relatives of the innocent soldiers, who lost their lives due to lack of adequate equipment; innocent soldiers who lost their lives due to lack of adequate facilities caused by the diversion of the funds meant for that purpose.
“Apart from the cases that are pending against the applicant, he’s also being investigated in respect of other criminal allegations.”
Jacobs said during the hearing that “investigation into other aspects is still ongoing. There is still investigation into assets tracing.”
He urged the court not to grant bail to Dasuki, whom he said “will escape from the jurisdiction of the honourable court from Nigeria”, adding that “the applicant will not be available to stand trial if released on bail.”
In moving their separate applications for bail, the defence counsel urged the court not to rely on the proof of evidence filed by the prosecution, arguing that doing so would run contrary to the presumption of innocence, which their clients were entitled to under the Constitution.
They maintained that the allegation that their clients would interfere with the prosecution witnesses was speculative.
They added that the provisions of Section 162 of the new Administration of Criminal Justice Act had placed the onus on the prosecution to prove why bail, which, according to them, is “almost automatic” for the accused persons, should not be granted to them.
Raji said, “The prosecution has made strenuous attempt to rely on the proof of evidence in urging your lordship not to grant bail.
“It is my argument that to rely on proof of evidence will violate the principle of presumption of innocence because they have not been tested.”
Raji urged the court to grant bail to Dasuki on condition of self-recognition and seizure of his passport as granted to him by Justice Adeniyi Ademola of the Federal High Court in Abuja, where the accused person is being prosecuted for illegal possession of firearms and money laundering.
Justice Baba has adjourned ruling on the bail application till Friday.
Meanwhile, the EFCC on Tuesday arraigned a former Minister of State for Finance, Bashir Yuguda; a former Governor of Sokoto State, Attahiru Bafarawa; his son, Sagir Attahiru; and their firm – Dalhatu Investment – on 22 counts of misappropriation of about N13bn meant for the purchase of arms by the Office of the NSA.
Also arraigned along with them, before Justice Peter Affen of the same FCT in Maitama, are Dasuki and Salisu.
The accused were said to have misappropriated the money between August 2013 and May 7, 2015.
All the accused were arraigned before Justice Peter Affen, who had, on Monday, granted leave to the EFCC to prefer the charges against the accused persons.
They pleaded not guilty to 22 counts of conspiracy, 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 conduct in breach of Section 17(b) of the EFCC Act.
After the arraignment on Tuesday, Justice Affen fixed Wednesday for hearing of the accused persons’ bail applications.
•To remain in prison until they meet bail conditions
Former Minister of State for Finance Bashir Yuguda, ex-National Security Adviser (NSA) Mohammed Sambo Dasuki, former Sokoto State Governor Attahiru Dalhatu Bafarawa and two others are to remain in Kuje prison, Abuja, until they meet their bail conditions.
Former National Security Adviser, Sambo Dasuki
Justice Peter Affen of the High Court in the Federal Capital Territory (FCT) gave the order yesterday in a ruling on their bail application.
Also to be remanded are former Director of Finance and Administration in the Office of the NSA, Shuaibu Salisu and Bafarawa’s son, Sagir.
Yuguda, Dasuki, Bafarawa, Salisu and Sagir were arraigned with a company, Dalhatu Investment Limited on December 15 by the Economic and Financial Crimes Commission (EFCC) on a 22-count of criminal breach of trust, misappropriation and retention of proceeds of crime estimated at over 20 billion.
Justice Affen, yesterday, admitted each of the five men to bail at N250 million with two sureties, who must pledge the same amount.
The judge said one of the sureties must be a director in the Federal Civil Service; they must be resident in Abuja, and must have landed property in Abuja worth N250 million.
The judge added that title documents to the property and the defendants’ travel documents must be kept with the court.
‘’ I have carefully considered the applications and evidences tendered and found that extensive investigation was conducted in the matter.
‘’ Whatever is left was not substantial to deny the defendants bail, simply because the prosecution alleged that they may interfere with the investigation, if granted bail.
“There is no evidence to prove that the defendants, if granted bail, will commit another offence. I found it difficult to agree with the theory of probability, as canvassed by the prosecution, to deny the defendants bail,” the judge said.
He noted that where the ill-heath of an accused person was in question, the court was enjoined to exercise its discretion in favour of the applicant, if relevant documents were presented before the court.
The judge ordered that the defendants, who had been in the custody of the EFCC, be remanded in Kuje Prison pending uintil they meet the bail conditions.
Their relatives and friends, including businessman Raymond Dokpesi, former Director of Publicity for the Peoples Democratic Party (PDP) presidential campaign, Femi Fani-Kayode, who were in court, were making efforts to assist the defendants process their bail.
Governor Adams Oshiomhole of Edo State has called on the former Chairman, Board of Trustees (BOT) of the Peoples Democratic Party (PDP), Chief Tony Anenih to return the N260m allegedly shared to him by the former National Security Adviser (NSA) Col Dasuki Sambo (rtd) from the $2.1 billion Abacha loot meant for arms purchase to fight terrorism in parts of the country.
Tony Anenih
Speaking at a rally of the All Progressives Congress in Benin City where prominent PDP leaders and their mammoth followers including two former members of the Federal House of Representatives, Hon. Patrick Ikhariale and Hon Abbas Braimoh decamped to the All Progressives Congress (APC), Oshiomhole said, “we have seen even the godfather’s name being mentioned. Even at old age, he collected N260m, and I want the godfather to deny or to confirm it. If he wants to refund the money, I will collect it from him and I will go to Abuja without deducting anything from it, and I will hand it over to President Muhammadu Buhari.”
On Anenih’s tenure at Nigeria Ports Authority (NPA), the Governor said, “And you can see, this is not yet an outcome of any investigation. I am sure by the time the NPA book is fully opened, more revelations will come out.”
Making reference to the Nigerian Maritime Administration and Safety Agency (NIMASA), Governor Oshiomhole said, “By the time they open NIMASA, you will understand how these people helped themselves and their families, and deprived even the activists who helped to make them relevant. When it was time for help, they dealt quietly, when it was time to mobilize they used everybody. And I think if this is what President Buhari has done for Nigeria, helping us to understand how old people were eating the grasscutter which the younger boys had gone to the bush to bring home.
“Even without teeth, in their 90s, they never stop stealing. So you can see why new changes are necessary. Not just to build roads but to change the political system they doesn’t allow the young to grow. We respect elders, but the elders must not prevent the younger ones from growing.”
He commended the efforts of President Muhammadu Buhari in his fight against corruption and assuring uninterrupted power supply, “President Buhari has a huge task of rebuilding a country that has been so grossly mismanaged. I believe God loves Nigeria so much that he gave us President Buhari at the time he did. Now when you read newspapers, you can imagine if Jonathan had continued in office, where we could have been today. You can only imagine that.
“For the first time, big people are being asked to account. In the past, you only hear of governors, we only hear of local government chairmen, commissioners. But this time, we are seeing a Minister of Finance confessing like a witch.”
One of the counts against Col Dasuki who is currently being prosecuted by the anti-graft agency before Justice H.Y. Baba and Justice P.O. Affen of the High Court of Justice of the Federal Capital Territory is “that you Col. Mohammed Sambo Dasuki whilst being National Security Adviser and Shaibu Salisu, whilst being the Director of Finance and Administration in the Office of the National Security Adviser(ONSA) on or about 28th November 2014 in Abuja within the jurisdiction of this Honourable Court, and in such capacities entrusted with dominion over certain properties to wit: the sum of N260million being part of the funds in the account of the ONSA with Skye Bank Plc committed criminal breach of trust in respect of the said property when you transferred same to the bank account of Tony Anenih with First Bank of Nigeria Plc and you thereby committed an offence punishable under Section 315 of the Penal Code Act, Cap 532, Vol.4, LFN 2004.”
Welcoming the defectors to the APC, Governor Oshiomhole assured them that they will be treated equally as other party members. He urged all APC leaders at both local government and state levels to commence the process of integration the new members into the APC fold, “Let me assure our leaders; they have come to reinforce our leadership, and they will be part of our leadership. When we harness all these people together, we have a more potent political party. We are one and the same. There is no discrimination. Each of these leaders that have decamped today has come to join forces with you to ensure victory.
“Those who are left there should remain idle. That is where they belong. The house is now complete. We only need these generals to do the infantry work, to mop up the few people remaining. We should integrate fully because if we don’t integrate, we will not be able to harness the gains of this exercise.”
The defectors from the Peoples Democratic Party (PDP) to the All Progress Congress (APC) include Hon. Patrick Ikhariale, former member representing Esan West, Esan Central and Igueben Federal Constituency in the House of Representatives; Hon. Abbas Braimah (aka congress man), former member representing Etsako Federal Constituency in the House of Representatives, former State legislator representing Igueben constituency Hon. Sunday Ereghan, Hon. Emma Ehiabhi, Hon. Bisi Idaomi, Hon. Sule Asemokhai, Hajia Hauwa, Barr. Kelvin Aigbe and a large crowd of other leaders and their followers.
Among the APC leaders who received the decampees were the State APC Chairman Barr. Anslem Ojezua, former Governor, Prof Oserheimen Osunbor, Gubernatorial candidate of the Peoples Democratic Party in 2012, Maj-Gen Charles Airhiavbere; member Federal House of Representatives representing Etsako Federal Constituency Hon. Philip Shuaibu, Secretary to Edo State Government Prof Julius Ihonvbere among others.
Nigerian Presidency has responded to the news making round that the embattled former National Security Adviser, Sambo Dasuki gave $300.000 to President Muhammadu Buhari.
The report alleged that Buhari received share from the looted $2.1bn dollars meant for the purchase of arms for the Nigerian military who are fighting with the terrorists group in the North East of Nigeria.
General Buhari
Responding to the media report, Senior Special Assistant on Media and Publicity, Garba Shehu said Buhari did not in anyways collect money from anyone in Jonathan’s administration.
He however agreed that one armoured SUV and one untreated SUV were sent to President Buhari after he was attacked in Kaduna by members of the Boko Haram sect, which he said was his entitlement as a former Head of State.
Shehu said “Our attention has been drawn to reports making the rounds, especially on internet-based media, that President Muhammadu Buhari received $300,000.00 & up to five armoured SUVs from the Office of the National Security Adviser in the aftermath of the attack on his convoy in Kaduna last year.
“We unequivocally deny that President Buhari received $300,000.00 or any monetary compensation whatsoever from the Jonathan Presidency or any of its officials, in the aftermath of that attack, or at any other time since then.
“While it is true that one armoured SUV and one untreated SUV were sent to the President in the aftermath of the attack, the vehicles were in keeping with his entitlements as a former Head of State under the Remuneration of Former Presidents and Heads of State (And other Ancillary Matters) Decree of 1999. Section 3, Sub Section 1 of that Decree provides that three vehicles will be provided for former. heads of state & replaced every four years
“There was therefore nothing untoward, illegal or tending to corruption in former Head of State Buhari and Presidential aspirant as he then was, receiving vehicles, to which he was statutorily entitled , from the Federal Government of Nigeria
“President Buhari had in keeping with his austere, spartan & frugal disposition shunned most of his entitlements as a former Head of State but was prevailed upon by his supporters to accept the two vehicles for his personal safety after of an attempt to assassinate him
“It is preposterous to think that the President will allow his acclaimed reputation of honesty and incorruptibility to be tarnished by accepting a questionable monetary compensation from a discredited regime.”
A Nigerian blogger, Kemi Olunloyo has named a Nigerian popular blogger, Linda Ikeji as the female blogger who allegedly received N240m from former National Security Adviser, Sambo Dasuki.
Sambo Dasuki has been accused of diverting $2.1bn meant for the purchase of arms for Nigerian soldiers to facilitate the fight against Boko Haram in the North-East.
He mentioned the names of a former Deputy National Chairman of PDP, ex-governors and ex-ministers and many otherswho shared from the loot
Linda Ikeji accused of receiving share from arms deal
SA Domestic to the former President, Goodluck Jonathan, Dudafa Waripamo had said he gave N240m to a popular female blogger in Lagos.
Reacting to the disclosure, Kemi took to her twitter page to indict Linda Ikeji as the female blogger who received the said amount to promote Peoples Democratic Party,PDP agenda during the last Presidential election.
The blogger also claimed that since she revealed the secret, Linda Ikeji quickly blocked her on her twitter handle. She added that the mansion bought by Linda in Banana Island was a gift from a politician in exchange of not running a certain implicating story.
Kemi who said she is an international journalist said “Blogger who allegedly got N240m from Dasuki is Linda Ikeji. 2015 rumour getting paid not to run a story in executive government for N550m house.
“Dudafa is on the run and allegedly gave LInda Ikeji N240m for consulting services. What they consulted about is not known to me.
“Nigerians will not tell the turth because they are scared of the people at the other end. Several people in the media got money from Sambo Dasuki. Linda blocked me on twitter so i will start talking now, but i hope she and her lawyers are reading my tweets.. I only speak the facts! I am not gonna block her.
“Problem with you Nigerians raised here is that you are mostly scared mumus that hide names. Popular blogger is Linda Ikeji! Amazing seeing people curse me now that Linda Ikeji has been fingered in Dasuki saga. You were not mad at Bode George, Dokpesi etc. I hope Linda proves me wrong because if i have to tell the story Dudafa allegedly paid her to kill, the internet will break!”
“In 2015, her sister Laura Ikeji a fashon blogger disclosed to one of my contacts that Linda was buying a N550m property. The property located in Banana Island, Lagos was allegedly a gift from a politician in exchange for not running a story.
Linda’s problem is her sister Laura. She took entire pics of the N550m mansion and threw them online fueling gossip. Linda does have the right to do whatever ads but the source of the money is another thing. She should tell EFCC.
When i learned about this, i was told the politician was a high ranking member of the executive branch of the government, no name. The problem is that Nigerians don’t see blogging as a modest income, yes it is! I have been blogging since 1999 as a side job.
“During the 2015 campaign, PDP had blogging conferences. Linda Ikeji and myself were contacted. Bloggers and writers included. Lola Soneyin.
“The PDP bloggers conference was about blogging warriors to blog all the good PDP has done. APC had their own too. PDP bloggers were supposed to get N200,000 and a gold plated iphone engraved with the logo. Linda Ikeji allgedly got N240m?
“Linda’s advertisers pay her as much as N4m a month on some banners. Banks, telecoms, retailers etc. she earns a modest income.
She did not run consistent political ads. She did page backgrounds for Goodluck Jonathan and Lagos governor, Akinwunmi Ambode for N10m a week, N80m a month.
Responding to the allegation, Linda denied having anything to do with the said money from Dasuki. She said though her name was not mentioned, but she is now trending on twitter as a result of the word “popular female blogger”
Linda said “So, social commentator and activist Kayode Ogundamisi tweeted this today…he didn’t mention any names but I am now trending on Twitter. Many assume he’s talking about me…and you can’t blame them really. He said…popular! I’m somewhat popular! He said female.. I’m female…duh! Lol. He said Lagos…I live in Lagos…in a posh place called Banana Island..lol. #Flipsweave! #Just teasing!
“So people are reacting and some actually believe it! That PDP or someone in the party gave me N240m? For what? Advert? This was why I didn’t want to get politics advert money in the first place o…and but then some of you advised that I do when I asked here and now see the gbege that I have entered…lol.
“But seriously for the record…no party registered or unregistered, no human being dead or alive gave me N240m for anything. The only advert I did for PDP was a page background take-over for former president Jonathan… and they asked for the space after I did a page background take-over for APC’s Akinwunmi Ambode. (I’m sure you all saw it). The two parties paid me same amount. I had a politics advert rate which I sent to everyone who wanted to advertise on LIB! And it was a few millions …which some of you followed to chop inside in the giveaway that April…lol. #Kidding!
“Anyway, all these bad belle people looking for ways to bring a woman down…like I always say…you can’t! Except you’re mightier than God! Whether you like it or not, I’m a hardworking young woman who God chose to bless the work of her hand and is using me to bless others. Get over it! I am here to stay! Not going nowhere! *wink*. Make I go find una more news ojare!”
By Soni Daniel, Regional Editor, North, & Ikechukwu Nnochiri
ABUJA — As details of huge funds disbursed by the Office of the National Security Adviser under Col. Sambo Dasuki continue to surface, indications emerged last night that the embattled security czar is set to expose more top Nigerian leaders who benefited from the funds.
Former National Security Adviser, Sambo Dasuki
A source close to the former NSA, who was docked yesterday, told Vanguard that Dasuki who was arraigned yesterday alongside others on a fresh 19-count charge was ready to speak up on how the funds earmarked for his office was disbursed with details of top serving and retired Nigerian leaders who benefitted immensely from the money, which is now a subject of litigation.
Meanwhile, former Minister of State, Finance, Bashir Yuguda ,former governor of Sokoto State, Attahiru Dalhatu Bafarawa, former Director of Finance in the Office of the NSA, Mr. Salisu, Sagir Attahiru and a company the EFCC insisted was used to divert huge sums of money from the office of the NSA prior to the 2015 general elections, Dahaltu Investment Limited will be arraigned today even as Chairman Emeritus of Daar Communications was admitted to bail yesterday.
Dasuki to expose more
According to the source close to the former NSA, it had become necessary for Dasuki to expose the first in the series of the top beneficiaries, which include former heads of state and presidents, who were bought bullet-proof Sports Utility Vehicles by the ONSA with funds approved by former President Goodluck Jonathan.
Although Dasuki is keeping the names of the beneficiaries of the car gifts to himself, the source told Vanguard that he was ready to spill the beans at the appropriate time, saying that the list will shock Nigerians.
According to the Dasuki aide, all the former presidents and heads of state got one exotic car from the embattled NSA and did not find out the source of the funding. The officer explained that of all the former presidents, one of them who has been very vociferous demanded two of the SUVs from the ONSA, who grudgingly obliged him.
The former head of state, it was gathered, had explained to Dasuki that he needed one of the vehicles to be kept for him in Abuja and another to be stationed in Lagos to ease his movement to the two main Nigerian cities. The officer however refused to give the cost of the exotic cars bought for the former heads of state and president, saying that the details could be obtained from the ONSA.
“What is coming will shock Nigerians and many of them will get to know if indeed Dasuki used the money to enrich himself as being bandied in many quarters. As a law-abiding NSA, he had to carry out the instructions handed over to him by the Presidency and nothing more,” the aide said.
“It is also instructive to note that those who are now blaming Dasuki for carrying out his assigned duties and calling for his head actually benefitted immensely from the security vote, which was domiciled in his office. The truth of the matter is that all over the world security votes are used for various reasons to bring about national peace and stability and Dasuki could not have done otherwise,” his aide said.
Dasuki, others plead not guilty to fresh charges
Meanwhile, Dasuki was arraigned before an Abuja High Court sitting in Maitama yesterday alongside his former Finance Director, Shuaibu Salisu and others on a fresh 19-count charge. Dasuki who was accused of allegedly diverting over N13.6 billion from the national treasury had stated clearly that all the funds spent by him were duly approved by former President Jonathan and that he acted at all times in the overall national interest of Nigeria and its peoples.
Others arraigned with them were, former Executive Director of the Nigeria National Petroleum Commission, NNPC, Aminu Baba-Kusa, as well as his companies, Acacia Holdings Limited and Reliance Referal Hospital Limited. The accused persons were alleged to have illegally diverted over N13.6billion from the national treasury.
EFCC told the court that it was the accused persons that supervised the unlawful disbursement of billions of Naira from different bank accounts belonging to the office of the NSA. Bulk of the funds were allegedly withdrawn from an account the office of the NSA operated with the Central Bank of Nigeria. According to the anti-graft agency, the funds were distributed to delegates that attended the presidential primary election the Peoples Democratic Party, PDP, held in Abuja in 2014, a process that saw the emergence of ex-President Jonathan as sole presidential candidate of the party.
Part of the allegedly looted funds were said to have been shared to members of the House of Representatives in the PDP to facilitate their re-election bid. The EFCC, among other things, alleged that the sum of N13.570 billion, being money for an “agreement”, between Dasuki and the ex-Director of Finance in the office of the NSA, Salisu, was looted from the national treasury.
They were said to have transferred a total sum of N1.45b to Acacia Holdings Limited’s account for special prayers; N2.1b given to DAAR Investment and Holding Company Limited for publicity; N170m for a four-bedroom duplex; N380m to support re-election of members of the House of Representatives; and N750m paid into Reliance Referral Hospital Limited’s account for special prayers.
Besides, EFCC said its investigations revealed that N670m was paid to a certain publisher, N260m transferred to Tony Anenih and N345million traced to a former President of the Senate, Dr. Iyorchia Ayu.
The Commission said it has not been able to trace the ex-Special Assistant on Domestic Affairs to ex-President Goodluck Jonathan, Hon. Waripamowei Dudafa, who it said was “on the run”.
Accused plead not guilty
Nevertheless, all the accused persons, yesterday, pleaded not guilty to the charge, even as Justice Hussein Baba Yusuf fixed today to hear their separate applications for bail. Prosecuting counsel, Mr. Rotimi Jacobs, SAN, had shortly after the accused persons entered their plea yesterday, urged the court to set a date for their trial to commence.
He told the court that he would need time to respond to some of the bail applications he said were just served on him. On his part, Dasuki’s lawyer, Mr. Ahmed Raji, SAN, said he filed a summon for his client to be released on bail.
“My brother silk just served me a counter-affidavit this morning. We had discussions with him, subject to my lords’ convenience, we shall be asking to return tomorrow so we can respond to the counter-affidavit. It will also enable the prosecution to respond to bail applications from the other accused persons”, Raji submitted.
By consent of all the lawyers, Justice Yusuf adjourned the matter till today. The accused persons were thereafter returned to the detention facility of the EFCC.
Yuguda, Bafarawa to be arraigned today
In another development, the EFCC, will today arraign former Minister of State, Finance, Bashir Yuguda and former governor of Sokoto State, Attahiru Dalhatu Bafarawa, before Justice Peter Affen of the same high court.
The duo will be arraigned alongside ex-NSA, Dasuki, former Director of Finance in the Office of the NSA, Mr. Salisu, Sagir Attahiru and a company the EFCC insisted was used to divert huge sums of money from the office of the NSA prior to the 2015 general elections, Dahaltu Investment Limited.
While granting EFCC leave to dock the accused persons on a 22-count criminal charge, Justice Affen said he was satisfied that there is a prima facie case that established a nexus between the accused persons and the charge before the court, dated December 8.
Earlier, prosecuting counsel, Rotimi Jacobs, SAN, told the court that the accused persons diverted funds budgeted for the fight against terrorism and insurgency in Nigeria. He said the funds were sequentially withdrawn from an account of the office of the NSA with CBN and other financial institutions.
“The funds were diverted for political campaign and shared to third parties who have nothing to do with the NSA”.
The EFCC lawyer told the court that the accused persons have made confessional statements.
“My lord, we are talking about monies running into billions of Naira”, Jacobs added.
Whereas two of the charges EFCC preferred against Dasuki yesterday read: “That you Col. Mohammed Sambo Dasuki whilst being National Security Adviser and Shaibu Salisu, whilst being the Director of Finance and Administration in the Office of the National Security Adviser and Hon. Waripamowei Dudafa (now at large) whilst being Senior Special Assistant , Domestic Affairs to the President on or about 27th November,2014, within the jurisdiction of this Honourable Court entrusted with dominion over certain properties to wit: the sum of N10billion being part of the funds in the account of the National Security Adviser with the CBN, the equivalent of which sum you received from the CBN in foreign currencies to wit: $47million and €5.6million Euros committed criminal breach of trust in respect of the said property when you claimed to have distributed same to the Peoples Democratic Party(PDP) Presidential Primary Election delegates and you thereby committed an offence punishable under Section 315 of the Penal Code Act, Cap 532, Vol.4, LFN 2004.
“That you Col. Mohammed Sambo Dasuki whilst being National Security Adviser and Shaibu Salisu, whilst being the Director of Finance and Administration in the Office of the National Security Adviser(ONSA) between 22nd January 2015 and 19th March 2015 in Abuja within the jurisdiction of this Honourable Court entrusted with dominion over certain properties to wit: N2,120,000,000 which was in the account of National Security Adviser with the CBN committed criminal breach of trust in respect of the said property by remitting the said sum into the account of DAAR Investment and Holding Company Limited controlled by one Dr. Raymond Dokpesi for the funding of media activities for the 2015 Presidential Election Campaign for the PDP and you thereby committed an offence punishable under under Section 315 of the Penal Code Act, Cap 532, Vol.4, LFN 2004”.
Some of the charges in the case before Justice Affen reads: “That you Col. Mohammed Sambo Dasuki (rtd), whilst being the National Security Adviser and Shuaibu Salisu whilst being the Director of Finance and Administration in the Office of the NSA, between 14th April, 2014, and 7th May, 2015, in Abuja, within the jurisdiction of this court, entrusted with dominion over certain properties to wit: an aggregate sum of N3,350,000,000 (Three Billion, Three Hundred and Fifty Million Naira) being part of the funds in the account of the office of the NSA with the Central Bank of Nigeria, committed criminal breach of trust in respect of the said properties when you transfered same to the account of Dalhatu Investment Limited with the United Bank of Africa Plc. purporting same to be payment for the supply of security equipment and you thereby committed an offence punishable under section 315 of the Penal Code Act, Cap 532, Vol. 4, LFN 2004.
“That you Dalhatu Investment Limited, Sagir Attahiru and Attahiru Dalhatu Bafarawa, between 14th April, 2014 and 17th May, 2015, in Abuja, within the jurisdiction of this court, dishonestly received stolen property, to wit: an aggregate sum of N3,350,000,000 (Three Billion, Three Hundred and Fifty Million Naira) into your account with the United Bank of Africa Plc from the account of the office of the NSA with the CBN, which belonged to the Federal Government of Nigeria and knowing the said sum to be stolen property but purporting same to be payment for the supply of security equipment and you thereby committed an offence punishable under section 317 of the Penal Code Act, Cap 532, Vol. 4, LFN 2004.
Dokpesi secures N400m bail
Also, the Abuja Division of the Federal High Court, yesterday, granted Chairman Emeritus of DAAR Communications Plc, High Chief Raymond Dokpesi , bail in the sum of N400milion. Dokpesi who was docked before the court on December 11, is answering to a six-count criminal charge preferred against him by the Economic and Financial Crimes Commission, EFCC.
He is facing trial alongside his firm, DAAR Investment and Holdings Ltd, owners of African Independent Television, AIT, and Raypower FM. EFCC, in the charge signed by its Deputy Director, Legal and Prosecution, Mr. Aliyu Yusuf, alleged that Dokpesi received about N2.1billion from the office of the National Security Adviser, NSA, for PDP’s presidential media campaign.
According to the charge, the funds were released to the accused persons between October 2014 and March 19, 2015. The funds were allegedly transferred from an account in the office of the NSA operated with the Central Bank of Nigeria, CBN , to a FirstBank Nigeria Plc account owned by DAAR Investment and Holding Company Limited. The prosecution maintained that the transaction was in breach of section 58 (4) (b) of the Public Procurement Act 2007 and punishable under section 58 (6) and 7 of the same Act, as well as under section 17 (b) of the EFCC Act, 2004.
Dokpesi had since pleaded not guilty to the charge, even as the court slated February 17, 18 and March 2 and 3, 2016, to begin full-blown hearing on the matter. He had through his counsel, Chief Mike Ozehkome, SAN, pleaded the court to grant him bail on self recognizance or on the most liberal terms. His prayer was however refused yesterday by trial judge, Justice Gabriel Kolawole.
Ruling on the bail application yesterday, Justice Kolawole ordered Dokpesi to produce two persons that will stand surety for him. He directed that the two sureties must deposit N200m each. According to the court, one of the sureties must be a public servant, either serving or retired, not below the level of a Director.
The trial judge stressed that in the event that the surety is a serving Director, the person must produce an identification letter from his or her boss. If retired, the person must produce a gazetted document depicting that he or she was formerly a director. Besides, the court held that the second surety could be an entrepreneur who must submit three years tax clearance, including that of 2015.
Justice Kolawole maintained that either of the two sureties must tender the title deeds of a landed property in any part of Nigeria, the value of which must not be below N200milion. The sureties, the court said, must also depose to an affidavit of means, submit two recent passport photographs to the Deputy Chief Registrar, DCR, Administration, of the high court.
Dokpesi was further directed to surrender his international passport, “If already in custody of the EFCC, it should be delivered within 24 hours to the DCR of the Federal High Court in charge of Litigation”, the court ordered.
The court dismissed the objection EFCC raised against Dokpesi’s bail request. Justice Kolawole held that the charge against the accused person is a bailable one.
“No court of law can rely on proof of evidence to refuse bail to a defendant charged with indictable felony. To do so will amount to a violation of the constitution”.
The judge said it was not enough for the EFCC to hinge its opposition to the bail application on the fact that it is currently investigating a fresh N8.4billion fraud involving the accused person.
“This court cannot at this stage indulge itself in speculation as to what the outcome of the fresh investigation will be”, Justice Kolawole added.
Noting that the charge against Dokpesi could only attract a maximum of seven years jail term upon conviction, the judge, said the most crucial factor was the prospect that the defendant would be available to stand his trial. The judge said the anti-graft agency failed to prove that Dokpesi posed flight risk.
Moreover, he observed that though EFCC had in its counter-affidavit, alleged that Dokpesi looted funds meant for the purchase of arms for the military, he said that none of the six-count charge made mention of such allegation.
“Which of the six count charges mentioned any issue with regard to diversion of funds meant for security? None of the charge said so. But I don’t want to go further lest I be accused of descending into the arena.”
He further observed that the alleged fresh offence was committed since 2012 , describing EFCC’s allegation that the accused person will interfere with its witnesses as “merely speculative”. The judge further queried why the prosecuting agency charged only Dokpesi and his company even though it alleged that he connived with some officials in the office of the NSA to perpetuate the fraud.
Justice Kolawole said he could not accede to EFCC’s request for Dokpesi to be allowed to remain in detention pending accelerated hearing of the case against him. The judge said from experience, he was sure the trial could last for more than 36 months.
Meantime, before adjourning the case for trial, Justice Kolawole, ordered that Dokpesi should be remanded in prison custody pending perfection of bail conditions. The court, while giving EFCC the nod to go ahead with its fresh investigation, however directed that Dokpesi should always be notified in writing through his counsel, at least 48 hours, any day he is wanted for questioning.
Specifically, the court held that such investigation should commence by 10am and not go beyond 18:30pm. The court warned EFCC against re-arresting the accused person under the guise that it is conducting fresh investigation.
“This is to ensure that the bail is not rendered illusionary. If there is need for the EFCC to keep the accused person beyond 18:30pm, it must file an ex-parte for leave to be granted by this court.
“This is to ensure that no agency of government sidetracks the efficacy of court orders. The government should not by its own procedure adopt measures or encourage any agency to abuse its powers. To do so will in itself amount to gross corruption of the due process of the law,” Justice Kolawole added.
EFCC had alleged that the transaction between Dokpesi and the office of the NSA was in breach of Section 58 (4) (b) of the Public Procurement Act 2007 and punishable under section 58 (6) and 7 of the same Act, as well as under section 17 (b) of the EFCC Act, 2004.
The commission said it was probing Dokpesi over about N8.4billion he collected from the Federal Government when Nigeria hosted Under-17 World Cup in 2012.
It alleged that though it was the world football body, FIFA, that awarded viewing right for the under-age tournament, Dokpesi, still collected “billions of Naira from the Nigerian government”.
“My lord there are still other issues, we believe that if granted bail, the accused person has the capacity to scuttle ongoing investigation into the matter”, EFCC lawyer, Jacobs submitted.
He argued that in granting bail, the court must consider the gravity of offence committed by the accused person, weight of the proof of evidence and the possible punishment the offence could attract.
“If money meant for the fight against insurgency is deployed for political campaign, could a person that took such action be allowed to walk freely? We must show that we are ready to fight corruption in this country.
“He is even asking for bail on self-recognizance whereas a common man who is charged before a Magistrate’s Court for a simple offence is denied bail.
“I therefore humbly urge my lord to refuse this bail application “, Rotimi argued.
Dokpesi had through his lawyer, informed the court that he was scheduled to go for a medical treatment in the United Kingdom before he was arrested by the EFCC on December 1.
Ozehkome tendered as evidence, an appointment letter dated November 30, which was given to Dokpesi by his doctor in the UK.
Aside the letter which showed that Dokpesi was originally scheduled to undergo medical examination at the London hospital on December 4, Ozehkome, equally tendered a British Airways reservation ticket showing that his client would have departed Nigeria a day before his appointment.
Ozehkome told the court that EFCC had on December 3, granted Dokpesi administrative bail, only for it to be cancelled after the accused person had perfected all the conditions that were given to him.
ABUJA —The Economic and Financial Crimes Commission, EFCC, will today arraign the embattled former National Security Adviser, NSA, Col. Sambo Dasuki (retd), before an Abuja High Court on fresh charges bordering on alleged illegal diversion of public funds.
Former National Security Adviser, Sambo Dasuki
The commission has already secured leave of court to compel Dasuki and eight others, including a former Minister under President Goodluck Jonathan, to enter their plea today before trial Justice Hussein Baba Yusuf of the FCT High Court sitting at Maitama.
Others the anti-graft agency dragged before the court over their alleged complicity in a N10 billion fraud, include the former Minister of Finance, Bashir Yuguda and a former Director of Finance in the Office of the NSA, Mr. Shuaibu Salisu.
Equally to be docked before the court today are former governor of Sokoto State, Attahiru Dalhatu Bafarawa, Sagir Attahiru and a company the EFCC insisted was used to divert huge sums of money from the office of the NSA prior to the 2015 general elections, Dahaltu Investment Limited.
Others are former Executive Director of the Nigerian National Petroleum Commission, NNPC, Aminu Baba-Kusa, as well as his companies, Acacia Holding Limited and Reliance Referal Hospital Limited.
•Offers to recover N600m and help trace the balance •Bafarawa: I got N100m but Yuguda didn’t tell me where it came from
The embattled former Minister of State, Bashir Yuguda, has told the Economic and Financial Crimes Commission (EFCC) that he gave a total of N600million cash to six chairmen of the Contact and Mobilisation Committee of the Peoples Democratic Party (PDP) for the 2015 general election.
He listed the beneficiaries as Bode George (South-West); Amb. Yerima Abdullahi (North-East); Peter Odili (South-South); Attahiru Bafarawa (North-West); Jim Nwobodo (South -East); and Ahmadu Ali (North-Central).
He said he instructed Jabbama Limited to transfer N300million to BAM Properties whose account detail was given to him by a former National Chairman of PDP, Bello Haliru.
Yuguda, who made the allegations in a Statement of Witness/ Caution which he wrote on oath, said he sent N200million to the erstwhile PDP Governorship candidate in Kebbi State, Bello Sarkin Yaki.
He said a former Governor of Zamfara State, Mahmud Aliyu Shinkafi, also got N100million.
The statement is part of the proof of evidence against the former minister whose trial is scheduled to commence this week at the High Court of the Federal Capital Territory (FCT).
Yuguda will stand trial with ex-Governor Attahiru Bafarawa and his son, Sagir Attahiru; Dalhatu Investment Limited.
The ex-minister is expected to account for over N3.050billion including N1.1billion being part of the funds in the account of the ONSA and aggregate sum of N1,950,000 belonging to the Federal Republic of Nigeria, which sum was transferred to Jabbama Ada Global Services.
The ex-minister said: “For the cash disbursement of N600million, it was meant for the six zonal chairmen for Contact and Mobilisation Committees for Election of 2015. The chairmen are Bode George, Amb. Yerima Abdullahi; Peter Odili; Attahiru Bafarawa; Jim Nwobodo; Ahmadu Ali. The sum of N100million was given to each chairman. I gave the money in company of Prof. Alkali, who was Political Adviser to former president. The zonal chairmen are for the Peoples Democratic Party(PDP). I also instructed Jabbama Limited to transfer the sum of N100m to Dalhatu Limited on the request of Attahiru Bafarawa.
“I also remember that Bello Sarkin Yaki was among the people that the then NSA instructed that I send the sum of N200million to. He was the PDP gubernatorial candidate in Kebbi State.”
Yuguda, who claimed that he had liaised with Stallion Limited, gave the details of other disbursements.
His words: “I knew the chairman of Stallion Limited whose second name I cannot remember. Between December 2014 to June 2015, on the instruction of the then NSA, I introduced Jabbama Limited to a staff of the company on the instruction of the chairman.
“When the account was in credit, disbursement was made from time to time on the instruction of the then NSA. Part in foreign exchange or transfers.
“I wish to add that sometime in February 2015, I instructed Jabbama to transfer the sum of N300m to BAM Properties. The account was given to me by Bello Haliru as one of the people the former NSA requested me to give money. I also remember that Mahmud Aliyu Shinkafi was sent the sum of N100million on the instruction of the then NSA.
“Further to my statement of 30th November, 2015, I have brought the sum of $829,800(equivalent to N200m) and N600m was given to me to distribute to the six PDP Zonal Committee chairmen. I don’t know who are the directors of Dalhatu Investment Limited but funds were transferred to the company’s account on the instruction of Dalhatu Bafarawa for the total amount of N1.5billion received from the then NSA by Jabbama Limited.
“I shall endeavour to recover the sum of N600million given to the six zonal PDP committee chairmen, while I appeal to the commission to use their machineries to trace the remaining balance of the money transferred to various accounts.”
The former minister however denied receiving another N200million credited to him.
“I have been shown transaction of N200million from the Office of the Accountant-General to Jabbama which Jabbama said it’s on my instruction but I cannot remember this instruction until I crosscheck,” he said.
Some of the charges against Yuguda are: “That you Col. Mohammed Sambo Dasuki whilst being National Security Adviser and Shaibu Salisu, whilst being the Director of Finance and Administration in the Office of the National Security Adviser, Bashir Yuguda whilst being the Minister of State for Finance between 5th February and 16th April 2015 in Abuja within the jurisdiction of this Honourable Court entrusted with dominion over certain properties to wit: an aggregate sum of N1.1billion being part of the funds in the account of the National Security Adviser with CBN committed criminal breach of trust in respect of the said property when you transferred same to the account of Jabbama Ada Global Services Nigeria Limited for the purpose of financing the campaign of PDP in the 2015 general election and you thereby committed an offence punishable under Section 315 of the Penal Code Act, Cap 532, Vol.4, LFN 2004.
“That you, Bashir Yuguda whilst being Minister of State for Finance between 23rd December 2014 and 10th February, 2015 in Abuja within the jurisdiction of this Honourable Court dishonestly misappropriated certain property to wit: an aggregate sum of $9,809,619 which was an equivalent of the aggregate sum of N1,950,000 belonging to the Federal Republic of Nigeria, which sum was transferred to Jabbama Ada Global Services to be converted into the said dollars and you thereby committed an offence punishable under Section 309 of the Penal Code Act, Cap 532, Vol.4, LFN 2004.”
Meanwhile, a former Governor of Sokoto State, Alh. Attahiru Bafarawa, admitted that he collected N100million from Yuguda through Sagir Attahiru.
Bafarawa, in his statement to the EFCC, said: “I know Bashir Yuguda. He called me to tell me there is money to be given for (sic) the North-West Campaign Committee which I asked how much and he told me is N100million for the seven states and ask (sic) to give it to Sagir which he did and the money was sent to the states campaign committee between 20th and 21st of February 2015 for the PDP Campaign for General Election.
“He did not tell me where the money was coming from. I did not ask him where the money was coming from.
“Sagir is my son and I directed Sagir to send the money to state chairmen campaign committee for PDP North-West.
“I also received N100million (dollar equivalent) from the North-West Campaign Committee. The money was given to me in the PDP National Chairman, Alh. Adamu Muazu house in Abuja in the presence of all the zonal chairmen as listed …and after collecting all this (sic) money, I gave the money to Abdullahi Yauri who was the Secretary of the North-West Campaign Committee to share to the state chapter and Yuguda didn’t tell me where he got the money from.”
The immediate past National Security Adviser (NSA), Col. Sambo Dasuki (rtd.) who is standing trial over allegations of illegal possession of arms at the Federal High Court (FHC) sitting in Abuja has filed a preliminary objection challenging the application by the Federal Government to revoke the bail earlier granted to him by the court.
At the resumed hearing on Tuesday, Dasuki claimed that the Federal Government’s move was in bad taste and in utter disregard to an earlier order that granted him permission to travel abroad to treat his ailment as a Nigerian citizen.
He appealed to the judge to dismiss the move in order to protect the integrity of the court and the rule of law as enshrined in the constitution that all parties in any dispute must obey court orders.
But the Prosecution Counsel, Oladipo Okpeseyitan (SAN) informed the court that he has two applications seeking to revoke the bail earlier granted to the accused person by the court and another application seeking to stop the further execution of the order of the court directing that the passport of the accused person be released to him.
Okpeseyitan however told the court that he was constrained in moving the application as he was served with the Defendant’s objection in court and needed time to respond to it.
ABUJA — The special team raised by the Chairman of the Economic and Financial Crimes Commission (EFCC) to probe the disbursement of $2.2 billion arms contract deal in the office of the former National Security Adviser, yesterday, confronted the major suspects with evidence of their illicit transactions.
Former National Security Adviser, Sambo Dasuki
The 27-member task force, which has Ibrahim Magu as a member, spent most part of the day to grill the suspects and asked them to speak up on any aspect of the transactions where their names or those who allegedly fronted for them, appeared.
The extended questioning of the high profile suspects, our correspondent learned, was to prepare the ground for their arraignment this week.
However, Vanguard could not obtain a specific date of the week when the suspects are likely to be docked and the specific charges to be pressed against them.
It was gathered that the commission had outsmarted the key suspects by first securing a court order to detain them beyond the stipulated 48-hour threshold, thereby making it more difficult for their lawyers to secure their early release.
A top source said most of the suspects, who had earlier attempted to deny their involvement in the arms deal, were dumbfounded when confronted with concrete evidence of all the transactions they had made in the office of the ex-NSA.
“Many of the suspects, who were claiming ignorance of collecting huge sums of money from the office of the ex-NSA, were tongue tied when we brought them to face each other. I think they will soon appear in court to tell the world why they went to the ONSA to sign and collect huge sums of public money that was not meant for the purposes they were given,” an EFCC source said.
Former President Goodluck Jonathan at a forum in Washington DC, Thursday, waded into the arms procurement scandal surrounding the former National Security Adviser, Sambo Dasuki, saying his government never awarded any contract in the range of $2 billion dollars.
President Jonathan
“I did not award any $2 billion contract for procurement of weapons” Mr. Jonathan stated categorically querying, “Where did the money come from?” and repeating emphatically that “I did not award a contract of $2billion for procurement of weapons”.
A presidential investigations committee into arms procurement under the administration of President Jonathan revealed in its interim report that it found extra-budgetary spending by the Jonathan administration to the tune of N643.8 billion and an additional $2.2 billion in the foreign currency component, all managed and supervised by Sambo Dasuki, a retired army colonel.
Mr. Dasuki had said in a statement Wednesday that all contracts and accruing payments were made based on the approval of Mr. Jonathan, adding that due process and military procurement regulations were followed in all the transactions.
“Nigerians should note that all the services generated the types of equipment needed, sourced suppliers most times and after consideration by the Office of the NSA, the President will approve application for payment,” said Mr. Dasuki.
But Mr. Jonathan said he never awarded any $2billion arms contract, suggesting that the claims by the Buhari administration were false and unsubstantiated. Mr. Dasuki had also argued along that line.
The former president was speaking at an event titled: “Presidential elections and democratic consolidation in Africa: Case studies on Nigeria and Tanzania”.
The session was co-hosted by National Democratic Institute (NDI) and the Center for Strategic and International Studies (CSIS) with Mr. Jonathan as the sole speaker.
Mr. Jonathan touched on the contract issue after he stated that he was aware of allegations of huge sums of money that were said to be missing from the Nigerian treasury, but he claimed that some of the figures mentioned are not believable. “Sometimes, I feel sad when people mention these figures,” he added.
Speaking pointedly about his successor, President Jonathan said, “When the president (Buhari) paid official visit to the US, there were some figures that were mentioned that I don’t believe.”
He drew attention to figures like the $150billion alleged to have been stolen in previous Nigerian administrations, but Mr. Jonathan scoffed at the probability of “$150 billion American money” being missing and “Americans will not know where it is,” adding that at any rate President Buhari did not accuse his administration.
“He didn’t say my government, he said previous administrations… “$150 billion is not 150 billion Naira,” he stated, suggesting, “People play politics with very serious issues.”
The former president was equally dismissive of people who alleged that the sum of $59.8 million was misappropriated within a 12-month period while he was in office.
“In Nigeria, if you lose $59.8 million in a year, federal and state governments will not pay salaries,” he said, adding that there is no way Nigerian budget can accommodate such a loss without the country coming to a standstill.
“Of course we brought international audit teams, forensic auditors and they didn’t see that,” he said.
The former President said he does not want to join issues with the new government, “I wanted to keep away from the public for at least twelve months.”
In defiance of a second court order in the space of two weeks, the Department of State Services (DSS) has refused to vacate the Abuja residence of the immediate past National Security Adviser (NSA), Col. Sambo Dasuki (rtd), in order to allow him to travel for medical treatment abroad.¨
Former National Security Adviser, Sambo Dasuki
The Federal High Court sitting in Abuja last Friday directed the DSS to end their siege to Dasuki’s home, while chiding the service for its flagrant violation of the first ruling by the court.¨
But THISDAY gathered on Sunday that more than 48 hours after Justice Adeniyi Ademola’s order, the personnel of the DSS had refused to budge and continued the house arrest of the ex-NSA.¨
“They are still holding the former NSA hostage despite the court order. Can you imagine how they are gradually leading the nation into a totalitarian regime?¨
“When an agency of government can openly disregard a court order not once but on several occasions, deciding what and when to obey it is pure dictatorship,” a source close to Dasuki said.¨
However, the source expressed hope that the stand-off might be resolved today when the Attorney-General of the Federation (AGF) and Minister of Justice, Alhaji Abubakar Malami (SAN), who is scheduled to appear at the court, explains the siege to the residence of the ex-NSA.¨
Malami will also explain to the court why an order of the court made on November 3, permitting Dasuki to travel abroad for medical attention was violated.¨
Justice Ademola issued the summons following complaints by Dasuki’s lawyers led by Mr. Joseph Daudu (SAN) that the order of the court had not been obeyed by operatives of the DSS.
Among others, Dasuki’s lawyer protested to the court that nine days after the court granted Dasuki permission to travel abroad for treatment, DSS operatives had since November 4 placed him under house. ¨
Counsel to the federal government and DSS, Shuibu Labaran, who declined to confirm or deny the presence of the security operatives at the home of Dasuki in breach of the court order, however admitted that the former NSA was being investigated in another money laundering matter.¨
But Justice Ademola, who was not comfortable with the violation of his order, told the federal government’s counsel to inform his clients to learn how to respect and obey a valid court order.¨The judge said he was baffled about the claim of a further investigation of Dasuki by DSS because the same agency had in a court affidavit stated that it had completed its investigation of the defendant and was ready for his trial.¨He said even if the DSS had any cause to conduct further investigations, the lawful thing was to have allowed Dasuki to go abroad for treatment as ordered by his court rather than look for excuses to justify its disobedience of the order. ¨The court fixed today for definite hearing of the suit.
ABUJA —Former National Security Adviser, NSA, under President Goodluck Jonathan, Col. Sambo Dasuki (retd), yesterday, dragged the Federal Government before the Federal High Court sitting in Abuja, insisting that his life is in danger.
Former National Security Adviser, Sambo Dasuki
Dasuki, who approached the court through his legal team led by Mr. Ahmed Raji, SAN, said he has been kept under house arrest by armed operatives of the Department of State Services, DSS, since November 3.
He lamented that the DSS operatives laid siege to his house and prevented him from travelling abroad for medical treatment despite a subsisting court order that permitted him to go and take care of his budding cancer and return to the country within three weeks to continue his trial.
Dasuki, in a fundamental right enforcement application he filed against the Federal Government, yesterday, pleaded the high court to uphold his rights to dignity and security of life.
He further prayed the court to issue a mandatory order compelling the Federal Government and its agents, especially the operatives of the DSS, to vacate his house located at 13, John Kadija Street, Asokoro with immediate effect.
His application was predicated on sections 36(5) 37 and 41 of the 1999 constitution, as amended, as well as on sections 1(1) and (2) and 266 of the Administration of Criminal Justice Act 2015.
The former NSA equally sought an order of the court extending the leave that was initially granted to him by Justice Ademola Adeniyi on November 3.
Justice Adeniyi had in his ruling, okayed Dasuki for three weeks medical leave abroad owing to his “deteriorating health condition”.
Meantime, decrying that security operatives refused him from enforcing the order of Justice Adeniyi, Dasuki, yesterday, urged the court to stop the siege to his house and order the Federal Government to allow him to seek proper medical attention abroad as he was earlier permitted to do by the court.
His application was premised on five grounds, among which included the fact that the action of the DSS runs contrary to a valid order of a court of competent jurisdiction.
Besides, he is praying the court for permission to keep a re-rescheduled appointment with his physician abroad, by extending the earlier leave that was granted to him on November 3.
In a 13-paragraph affidavit in support of the motion, Dasuki, told the court that following the order of November 3 permitting him to go abroad for medical attention, he immediately purchased his travel ticket.
He said that he had already obtained his boarding pass to accomplish the trip.
He averred that shortly after, the operatives of the DSS, acting on behalf of the federal government stormed and barricaded his house at Asokoro “in brazen defiance of the court order and prevented him from traveling out”.
Dasuki asserted that the siege on his house ought to be immediately removed, saying as a result of the aggression of the federal government, “my life has been under constant threat”.
Meantime, no date has been fixed for hearing of Dasuki’s fundamental right application.
The Department of State Services has explained that it prevented the former National Security Adviser, Col. Sambo Dasuki (retd.), from travelling abroad for medical treatment because he refused to appear before a committee set up by the Federal Government to investigate a N2billion arms transaction by the Goodluck Jonathan administration.
Former National Security Adviser, Sambo Dasuki
The service stated that Dasuki was invited to shed light on his involvement in the arms procurement processes, but had consistently refused to honour the committee’s invitation.
The DSS, in a statement on Thursday by an official, Tony Opuiyo, accused the former NSA of grandstanding and blackmail.
The agency denied blocking Dasuki’s residence in violation of a subsisting court order granting him a relief to travel oversea for medical services, describing the allegation as “unfounded and malicious aimed at tarnishing the good image of the Service.”
The statement read, “It may be recalled that Dasuki was initially arrested and charged to court for unlawful possession of firearms and money laundering, for which reason his international passport was seized and on the order of the court, returned to the registrar for custody.
“What has however brought the seeming standoff between Dasuki and the Service, despite the court-ordered release of his international passport on November 4, 2015, is his refusal to appear before a Committee undertaking the investigation of an entirely different case.
“The public may wish to note that the government set up the committee to investigate procurement processes relating to a $2billion arms transaction by the last administration, under which Sambo was the NSA.
“It was on this premise that he was invited by the Committee to shed more light on his involvement in the deal. It therefore remains surprising and shocking that Sambo has refused to honour invitations of the committee but instead resorts to grandstanding and subtle blackmail of the Service.
“His refusal to appear before the committee has left the Service with no option than to adopt legal means to ensure his attendance.”
The service accused Dasuki of pulling all strings available to him to evade justice and put it in bad light, stressing that it was not persecuting him.
The absence of the judges involved in the trial of former National Security Adviser (NSA), Sambo Dasuki and ex-Head of Head of Service of the Federation, Steve Oronsaye stalled proceedings in both cases on Wednesday.
Former National Security Adviser, Sambo Dasuki
The judges – Justices Gabriel Kolawole and Adeniyi Ademola of the Federal High Court, Abuja – were said to be attending the court’s annual judges’ conference outside Abuja.
Court officials have however fixed next Monday (November 2) for further hearing in the case involving Dasuki, while that of Oronsaye was fixed for November 3.
On October 26 when the Dasuki case last came up, Justice Ademola adjourned to Wednesday for ruling on the application by the prosecution for the trial to be conducted in secret.
The judge also picked Wednesday for ruling on the defence’s application for the release of Dasuki’s travel documents, which he submitted to the court after he was granted bail on self recognition.
Dasuki, who was earlier arraigned on a one-count charge of illegal arms possession, was re-arraigned on October 26 on an amended five-count charge of illegal arms possession and money laundering.
Oronsaye, Osarenkhoe Afe and a limited liability company – Fredrick Hamilton Global Services Limited – were arraigned on a 24-count charge in July this year for alleged fraud and money laundering offences involving N1.2 billion.
Justice Kolawole, before who they were arraigned, granted Oronsaye bail on self-recognition.
On October 5, Justice Kolawole fixed October 28 for the commencement of trial.
Files fresh charges, Dasuki seeks to travel abroad
THE Federal Government yesterday applied to the Federal High Court, Abuja Division for a secret trial of former National Security Adviser (NSA), Col. Sambo Mohammed Dasuki (rtd) in the criminal charges of unlawful possession of firearms and money laundering preferred against him.
Former National Security Adviser, Sambo Dasuki
The government also yesterday filed fresh charges against the former NSA which now contains the alleged retention of funds which formed part of the proceeds of an unlawful act contrary to Section 15 (2)(d) of Money Laundering Prohibition Act 2011.
Dasuki who was escorted to the court by three former civilian governors and a retinue of former ministers and top government functionaries pleaded not guilty to the fresh five-count charges as against the earlier one count charge.
He was allowed bail in the previous term by Justice Ademola Adeniyi.
However, in a motion on notice argued by the prosecution counsel, Mr. Shuaibu Labaran, the Federal Government prayed the court to grant secret trial of the former security chief for the security of its witnesses billed to testify against the accused.
The application was brought to the court pursuant to Section 36(4) of the 1999 constitution and Section 232 of the Administration of Criminal Justice Act 2015.
Among others, the prosecution sought order to direct that the names and address of all its witnesses should not be disclosed in any record or report of proceedings that may be accessible to the public and that the witnesses be permitted to use pseudo name in the course of proceedings to grant to its witnesses access to a non-public route to and from the court premises and courtrooms as well as to allow them to use private witnesses room.
Apart from lawyers and accredited newsmen, the prosecution asked the court not to allow any member of the public to witness the trial and that the witnesses be permitted to wear facial masks while giving evidence against the ex-NSA.
Labaran, who argued the motion, submitted that the trial will suffer a setback because the witnesses will not testify without secret trial for fear of reprisal from undisclosed places.
However, counsel to the accused, Mr. Joseph Daudu (SAN) prayed the court to dismiss the application for lack of merit and being frivolous.
He told the judge that the names of the witnesses were already in the public domain at the instance of the prosecution, adding that the application was a mere academic exercise that should not be granted by the court.
Justice Ademola will give ruling on the application on Wednesday.
The fresh charges are that the accused was on July 17, 2015, at his house, No. 13, John Khadiya Street, Asokoro, Abuja found in possession of various range of firearms without a requisite licence an offence punishable under Section 27 (1)(a) of the Firearms Act Cap F28 LFN 2004.
He was also accused of retaining $40,000, N5 million and another $20,000 in the same house and same date contrary to Section 15 (2)(d) of Money Laundering Prohibition Act 2011.
Besides, the accused was said to have on July 16, 2015, at his residence at Sultan Abubakar Road and Sabon Birni Road, Sokoto retained another $150,000 and N37.6m being part of proceedings of an unlawful act contrary to Section 15 (3) of the Money Laundering Act 2011.
Meanwhile, Dasuki, through his counsel has filed an application for temporary release of his travelling documents from the court to enable him to travel abroad for medical attention.
The medical checkup was said to have been over-due since July but that he could not travel due to the seizure of his passport. The application will be argued on Wednesday.
The Department of State Services has charged the former National Security Adviser, Col. Sambo Dasuki (retd.) to court for alleged illegal possession of firearms.
Former National Security Adviser, Sambo Dasuki
The service, in a statement by a DSS official, Tony Opuiyo, on Monday in Abuja, said Dasuki was charged to court for owning firearms without licence.
The DSS had on July 16, 2015 carried out search operations on the ex-NSA’s residences in Asokoro, Abuja and Sokoto, where its operatives claimed to have recovered seven high calibre rifles including magazines and military gears at the houses located at 13, John Khadya Street, and 46, Nelson Mandela Street, both at Asokoro, Abuja, and 3 Sabon Birni Road, Gwiwa Area, Sokoto, Sokoto State.
The agency also recovered 12 new vehicles, including five bullet-proof cars from Dasuki’s house, the ownership of which could not be explained by the embattled former NSA, and which investigators believed must have been purchased with proceeds of corruption.
The DSS had claimed that it searched Dasuki’s homes “based on credible intelligence linking the immediate past NSA with alleged plans to commit treasonable felony against the Nigerian state.”
But in the Monday statement, the service said it charged him to court based on evidence so far obtained. The evidence relates to possession of firearms without licence, punishable under section 27(i)(a)(i) of the Firearms Act Cap F28 LFN 2004.
The statement partly read, “You may recall that on July 16, 2015, the Department of State Services carried out search operations on properties belonging to the immediate past National Security Adviser, Col. Mohammed Sambo Dasuki (retd.), in Abuja and Sokoto.
“This action was necessitated by credible intelligence which linked him to acts capable of undermining national security. The search operations led to the recovery of large cache of arms and ammunition among other things and for which further investigation was conducted.
“Consequently, on Monday 24, August, 2015, he was charged to court based on evidence so far obtained, but which relates to possession of firearms without licence punishable under section 27(i)(a)(i) of the Firearms Act Cap F28 LFN 2004.”
The service said Dasuki’s arraignment was in line with democratic practice and “our avowed commitment to the rule of law, in which nobody is deemed to be above the law, no matter how highly placed in the society.”
It added that the public would be duly informed as the matter progresses.
Meanwhile, the Service said it had recommitted itself to the fundamental role of providing adequate security for all Nigerians to enable them to pursue their legitimate aspirations and businesses.
Says he knelt to beg Akande for Buhari as ACN/CPC flagbearer in 2011
Immediate past National Security Adviser, Colonel Sambo Dasuki (retd), has sworn that he never maltreated nor took part in maltreating President Muhammadu Buhari when he, as military Head of State, was removed in a 1985 coup, as being erroneously alleged.
He said: “I always respect and dignify my seniors and those in positions of authority whether in service or after. Though a young officer, I was reluctant to be among those that arrested him. And I was not.
“I only met him afterward at Bonny Camp with Lawal Rafindadi. There is no way I could have maltreated him as being alleged in some quarters. I am glad most of the actors are still alive.”
The former NSA made the disclosure even as he stated that he knelt down begging Baba Bisi Akande, who was then Chairman of Action Congress Nigeria, ACN, to accept then General Buhari because “General Buhari is a man to be trusted.”
Dasuki, who spoke to blogger Yushua Shauib in Abuja, also disclosed how he and some others confronted late General Sani Abacha over June 12 election, which was won by late Chief Mashood Kashimawo Abiola.
He said: “This led to our premature retirement. The persecution that followed forced me into exile, where I teamed up with opposition elements struggling for the return of democracy.”
‘My campaign for him’ On his roles in politics, the former NSA, who had been having running battles with the Department of State Services, DSS, narrated how he supported the campaign aspiration of Muhammadu Buhari in 2003, 2007 and 2011 presidential elections.
He said respected Northern elements like Adamu Adamu, Bashir Kurfi, Sule Hamman, Wada Maida and Kabir Yusuf are among individuals privy to his active involvement.
While revealing how he campaigned for Buhari to emerge the joint candidate of ACN and CPC in 2011, Dasuki disclosed how he pleaded with Asiwaju Bola Tinubu in the presence of Bisi Akande to accept Muhammad Buhari as the joint presidential candidate for ACN and CPC.
Dasuki said: “In the belief that Yoruba and south-westerners are never religious fanatics, especially regarding politics, me and my group suggested that Tinubu should be a running mate to Buhari.
“When other elements opposed that proposition, Tinubu team therefore recommended a Buhari-Osinbajo ticket. Unfortunately, the ticket failed to stick as Pastor Tunde Bakare was eventually pushed forward by other forces.”
Speaking further, the former NSA recalled how prior to the 1983 coup that ousted President Shehu Shagari, himself and two young military officers, who are still alive, travelled to Jos to brief Major General Buhari, who was then the GOC of 3rd Armoured Division, on the furtherance of the planning of the 1983 coup, which made Buhari the major beneficiary.
He said: “Buhari expressed his bitterness about insinuations on his stewardship in one of the public institutions, but I assured the then GOC not to worry about such reckless and mischievous insinuations.”
Asked why he participated in the ouster of Buhari less than two years afterward ousting Shagari, Dasuki simply answered that General Buhari should know who to blame.
Ibrahim Dasuki (pictured, left), former Sultan of Sokoto, has expressed disgust over the raid of his residence by the State Security Service (SSS) in connection with allegations against Sambo, his son who was the former national security adviser (NSA).
Former National Security Adviser, Sambo Dasuki
Operatives of the secret police stormed the homes of the Dasukis in Sokoto and Abuja last week, a development that the younger Dasuki had earlier condemned.
Narrating his ordeal in an interview last week, the former security adviser said his father was receiving medical attention in the United Kingdom when the incident happened.
Dasuki added that he was being witch-hunted, saying he did not deserve such from the All Progressives Congress (APC) based his fairness to all concerned parties, including the then opposition party, in the lead-up to the 2015 general election.
“I was fair to all as NSA. Even when I had security cause to act on some issues, inflammatory comments and actions against the government of the day by those in the opposition, I exercised restraint… I gave my best for this transition, which led to the victory of the opposition over the ruling party,” he had said.
“They went to my father’s house including breaking into the ceiling to look for incriminating documents. They broke a safe in my father’s house. Also, my sister kept a 20-year old box in my father’s house, they also forced it open. What has my father got to do with this? And the old man is in hospital in London. He was shocked to hear that they broke into his house.”
However, speaking to BBC Hausa service on Monday, his father said the security agency should have sought his permission before entering his house.
“The security forces should not have entered my house without seeking authority, because there is a difference between me and my son,” he said.
The residences occupied by the SSS are: 13, John Khadya street, 46, Nelson Mandela street, Asokoro, Abuja and 3, Sabon Birni road, Gwiwa area, Sokoto.
The older Dasuki was deposed by the regime of Sani Abacha in 1996.
There are strong indications in Abuja that the Department of State Services will soon apply for a court order to freeze the bank accounts of a former National Security Adviser, Col. Sambo Dasuki (retd.).
The PUNCH learnt on Sunday that Dasuki’s bank accounts would be frozen because of the investigation into the spending of the funds appropriated for defence.
Former National Security Adviser, Sambo Dasuki
The sum of N28.5bn was earmarked in the 2014 budget for the purchase of security equipment by the office of the NSA.
The DSS is planning to apply for court order to freeze Dasuki’s accounts in order to prevent the funds in the accounts from being depleted.
The accounts, fit was learnt, would enable investigators to track the inflow and outflow of money from them as well as the sources of the money.
The DSS had invaded the ex-NSA’s house on Friday. The PUNCH reliably learnt that the former NSA would be invited for further questioning over items found in his house as well as the spending of anti-insurgency funds.
The DSS had on Friday surrounded the house of Dasuki in Abuja and forced the former NSA to stay indoors for about 24 hours. The operatives were said to have seized the international passport of the former national security adviser.
The security agency had in a statement on Saturday night accused Dasuki of felony, misuse of power and possession of destructive weapons.
It said it recovered from Dasuki’s home seven high calibre rifles (high assault weapons), several magazines, military related gears and 12 new vehicles, including five bulletproof cars.
A top officer of the DSS confided in one of our correspondents that Dasuki would face further interrogations this week
“We will apply for a court order and the bank accounts of the former NSA would be frozen this week when the investigation starts. The present administration believes in accountability and will investigate how defence votes were spent,” the official said.
A Lagos lawyer, Mr. Festus Keyamo, said the bank account of any citizen could not be lawfully frozen without first obtaining a court order.
“You cannot freeze the account of anybody without a court order. It cannot be done by executive fiat,” the lawyer told one of our correspondents on the telephone on Sunday.
It was learnt that the former NSA might be charged with treason and corruption, if found culpable.
But a lawyer, Yunus Abdulsalam, dismissed the threat to charge the former NSA with treason based on the items recovered from his home.
Though, he admitted that the search conducted by the DSS at the former NSA’s home was valid since it was backed by a court order, he however contended that all the items recovered from Dasuki constituted property that could be legitimately owned by any citizen.
Abdulsalam said, “Once there is a search warrant and the search is conducted, it is valid; there is no doubt about that.
“Under section 36 of the Constitution, it is presumed that everybody has the right to own property and the presumption of the law is that you are the owner of the property.
“The question, that flows from the above is whether any of the items found on the ex-NSA, including the cars and the rifles, constitute what cannot be legitimately got by any citizen. Don’t forget the former NSA was a former military officer and he has a wealthy background.”
Also, an aide to the former NSA, who spoke on the condition of anonymity, described the allegations against his principal as laughable.
The aide said that the cars that were removed from Dasuki’s Abuja house belonged to his family members and friends.
He also explained that the guns found at the residence of the former NSA were for his security team and not for any intent against the state.
The source said that Dasuki had been outside the country doing international business for years and that he was a rich man before his appointment.
The source added that the former NSA, a son of a deposed Sultan of Sokoto, resigned from the Minting and Printing company as the managing director on his own and that he could not have stolen a bulletproof car when he had enough money to buy on his own.
The aide further argued that there was nothing stopping the ex-President Goodluck Jonathan’s NSA from venturing into his personal business after serving the state if he wanted to.
He said, “What I can tell you is that the allegations are laughable. What is he going to do with bulletproof cars in this era of technology?
“The person we are talking about was a former ADC to a former President, a former Managing Director of Minting and Printing, who has been outside the country doing his international business.
“Dasuki is a rich man by all standards. The family is very rich; his father was a former Sultan of Sokoto.”
It was learnt that a former Chief Security Officer to Jonathan, Gordon Obua, was also being detained as part of investigations into the security spending at the Presidential Villa during his time.
A lawyer to Obua has raised the alarm about the detention of his client.
The lawyer, Onochie Onwuegbuna, said in a statement that Obua had been in detention since July 16 without being told what offence he committed.
The lawyer said Obua was hypertensive and diabetic “to the knowledge of his employers, the SSS” and that he had been denied access to his daily medications to manage these severe ailments.
The DSS could not be reached for comment on reasons for Obua’s detention and the plan to freeze Dasuki’s bank accounts.
The DSS has yet to announce a spokesperson since the removal of Maryln Ogar.
But a security expert, Max Gbanite, stated that the government had the right to probe Dasuki based on the security report available to the President, noting that the DSS could not have carried out the operation at the ex-NSA’s residences without a presidential directive.
Gbanite, who just concluded a counter-terrorism training in Israel, said Dasuki had a right to lawyers who would defend him in court, insisting that the onus was on the government to prove its case against the former NSA.
He said, “Those who believe that Dasuki was being victimised based on his roles in 1983, are not far from the truth and the DSS who claimed that they found firearms in his house; the issue is, as a retired colonel in the military and a former NSA, is he entitled to firearms?
“The good thing about the dynamics of democracy is that the former NSA must have his lawyers and the government must prove its case, so there is no need for us to fret over this matter.”
Meanwhile, officials of the DSS are currently interrogating operatives of Radio Biafra, who were arrested and brought to Abuja on Thursday.
The Director of Public Affairs of the National Broadcasting Commission, Mr. Awwalu Salihu, confirmed the interrogation in a telephone interview with our correspondent in Abuja on Sunday.
Salihu also said that the broadcast regulatory agency as well as security agencies were hunting for both financiers and the other operatives of the radio currently on the run.
Although he could not disclose the number of those that were arrested, he said they were arrested in the Enugu/Owerri axis in the South-East part of the country.
According to the NBC official, some of the parties involved in the operation of the illegal radio are not resident in Nigeria.
He told our correspondent that the agency had been collaborating with other agencies to block the Internet outlet of the radio operation.
“It takes longer time to block the Internet because of the nature of the net and the international protocols involved,” he said.
Apart from treasonable felony, Salihu listed the crimes for which those arrested were going to be prosecuted to include illegal broadcasting, illegal appropriation of frequency and broadcast of hate messages.
He added that the agency had been studying the Cybercrime Law that was recently passed by the National Assembly.
“No one is going to be allowed to break this country,” he said.
The Director-General of NBC, Mr. Emeka Mbah, had on Friday announced the confiscation of the equipment of the illegal radio.
The Biafra radio has been broadcasting messages that encourage the Igbo of the South-East to break away from Nigeria, inciting the citizens of the region against the Federal Government.
He listed the beneficiaries as Bode George (South-West); Amb. Yerima Abdullahi (North-East); Peter Odili (South-South); Attahiru Bafarawa (North-West); Jim Nwobodo (South -East); and Ahmadu Ali (North-Central).
