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.
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
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