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. The aide
said..
''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.
“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 person.''
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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