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Tag: dasuki

  • Alleged arms deal: EFCC re-arraigns Ex-PDP chairman

    Alleged arms deal: EFCC re-arraigns Ex-PDP chairman

    The Economic and Financial Crimes Commission (EFCC), on Monday, re-arraigned former Peoples Democratic Party (PDP)’s Chairman, Bello Mohammed, at a Federal High Court (FHC), Abuja.

    Mohammed was re-arraigned before Justice Peter Lifu on a four-count charge bordering on his alleged role in the diversion of funds meant for the procurement of arms through the office of the ex-National Security Adviser (NSA), Sambo Dasuki.

    He was arraigned alongside his company, Bam Projects and Properties Ltd, for alleged criminal breach of trust and money laundering.

    Dasuki served as NSA during former President Goodluck Jonathan government.

    While the Federal Republic of Nigeria (FRN) is the complainant in the amended charge marked: FHC/ABJ/CR/389/2015, Bam Projects and Properties Ltd and Bello Haliru Mohammed are 1st and 2nd defendants.

    The amended charge was dated and filed on March 18 by the anti-graft counsel, Rotimi Jacobs SAN.

    When the matter was called on Monday, lawyer who appeared for EFCC, Oluwaleke Atolagbe, told the court that the matter was for the defendants to take their plea and that he was ready to proceed.

    He said an amended charge had been filed and the defence had been served.

    Chief Kanu Agabi, SAN, the defendants’ lawyer, confirmed the receipt of the amended charge.

    After the charge was read to the defendants, they pleaded not guilty to all the counts and Atolagbe applied for trial date.

    Agabi, however, prayed the court to allow Mohammed continue on existing bail granted by Justice Ahmed Mohammed.

    The senior lawyer said that Mohammed did not flout the earlier bail conditions granted him and that he would not jump bail.

    Although Atolagbe did not oppose Agabi’s application, he however argued that his bail was once revoked for breaching the terms.

    Justice Lifu, who admitted Mohammed to the bail earlier granted by a sister court, adjourned the matter until May 7 and May 8 for trial.

    In count one, the company, the ex-PDP chair and his son, Bello Abba Mohammed (now deceased), was accused to have taken possession of the sum of N300 million paid into the account of Bam Project and Properties Ltd with Sterling Bank Plc from the account of the office of the NSA with the Central Bank of Nigeria on or about March 17, 2015.

    The EFCC alleged that the funds formed part of the proceed of an unlawful activity of Col. Dasuki (rtd.) and that the offence is contrary to Section 15(2)(d) of the money Laundering (Prohibition) Act, 2011 (as amended in 2012) and punishable under Section 15(3) of the same Act.

    NAN reports that Mohammed was earlier arraigned before Justice Mohammed of FHC in Abuja on Jan. 5, 2016 and was granted bail on Jan. 7, 2016.

    Although the matter had reached advanced stage, Justice Mohammed was however elevated to the Court of Appeal recently, making the case to start denovo (afresh).

  • Malami takes over N1.8bn suit against Dasuki’s ex-aide, 8 others

    Malami takes over N1.8bn suit against Dasuki’s ex-aide, 8 others

    The Attorney-General.of the Federation (AGF), Mr Abubakar Malami, SAN, on Tuesday, took over an N1.84 billion money laundering suit against Nicholas Ashinze, a former military assistant to Col. Sambo Dasuki (rtd.) and eight others.

    Dasuki was the ex-National Security Adviser (NSA) to former President Goodluck Jonathan.

    Justice Okon Abang of a Federal High Court sitting in Abuja division granted the request after counsel for the office of the AGF, David Kaswe, moved the application.

    Justice Abang held that no court of law can question the exercise of AGF’s powers, under Section 174 (1)(b) of the 1999 Constitution (as amended), to take over any matter before the court of law.

    NAN reports that Ashinze (1st defendant) was standing trial alongside an Austrian, Wolfgang Reinl; Edidiong Idiong and Sagir Mohammed listed as 2nd to 4th defendants respectively.

    Other defendants in the case are five companies: Geonel Integrated Services Limited, Unity Continental Nigeria Limited, Helpline Organisation, Vibrant Resource Limited and Sologic Integrated Service Limited listed as 5th to 9th defendants respectively.

    The were re-arraigned by the Economic and Financial Crimes Commission (EFCC) on a 13-count money laundering charge.

    The amended charge, dated Oct  3, 2017, was filed on Oct. 6, 2017.

    The money was alleged to have emanated from the office of the former NSA where Ashinze served as special assistant.

    They, however  pleaded not guilty to all the counts preferred against them.

    Upon resumed trial on the matter, Kaswe, who appeared for the AGF, informed the court that he had the authority of Malami to take over the case.

    The lawyer said this was in accordance with Section 174(1)(a) and (c) of the 1999 Constitution (as amended).

    EFCC’s counsel, Offem Uket, who said he was unaware that the AGF was taking over the matter, however, did not opposed the application.

    Following his taken over of the suit, Kaswe prayed for the withdrawal of the criminal charge against the defendants.

    However, lawyers to the defendants, including Afam Osigwe, SAN; Patrick Agu, Anita Isato, did not oppose Kaswe’s apllixation.

    But they urged the court to make a consequential order discharging and acquitting their clients of the 13-count charge.

    Osigwe, who appeared for the Australian national (2nd defendant), 5th, 4th and 6th defendants, argued that considering the facts and circumstances surrounding the case and taking the number of years the defendants had spent defending themselves into consideration, he prayed the court not only to discharge them but acquit them of the charges.

    He cited Section 108(3) of the Administration of Criminal Justice Act (ACJA), 2015 which stipulates that the court can, in its exercise of its powers, acquitted defendant of a charge if satisfied with the merit of a case after withdrawal.

    The senior lawyer urged the court to do justice to the matter by acquitting the defendants not only to assuage their feelings but to redeem their damaged reputations.

    “Such an order of acquittal will show that the Nigerian justice system is one that gives justice to all,” he said.

    Other defence lawyers aligned with Osigwe’s submission.

    On his part, Kaswe disagreed with the defence request.

    According to the AGF’s lawyer, we are opposed to consequential order of acquittal.

    He cited Section 108(1) of the ACJA 2015 as a ground for the withdrawal of the charge against the defendants.

    He said under Section 108 (1) of ACJA 2015, the court was also given the discretionary powers to either discharge and acquit the defendants or rather discharge them of the charge after taking into consideration the overall circumstance of the case.

    “We pray that the defendants be discharged and not acquitted,” he said

    Delivering the ruling, Justice Abang held that the matter was a very simple issue that was not difficult to resolve by the court

    According to him, the stage wherein the application to withdraw the case is clear.

    He held that the prosecution did not close their case at the stage the application for withdrawal of the case was made.

    The judge said that the seventh prosecution witness was still in the witness box testifying in-chief yet to be cross examined when the application was made.

    He said since the prosecution had not closed their case and the defendants called upon to enter their defence, it would be unlawful to discharge and acquit the defendants of the charge.

    He held that counsel for the defendants did not consider Section 108(2) of ACJA 2015 in making their application.

    Abang further held that based on Section 108(3) of ACJA cited by Osigwe, it was not mandatory that a court must make a consequential order to discharge and acquit defendants when a prosecution withdrew a charge.

    “It is at the discretion of the court, I do hold,” he said.

    Justice Abang advised that National Assembly should revisit Section 108(3) of ACJA in the overall interest of justice.

    “It is my view that Section 108(3) of ACJA is poor legislative drafting,” he said.

    He said Section 108(3) is in conflict with Section 108(2a) and (b) of ACJA.

    He said Section 108(2b) talked about the acquittal of defendants if application for withdrawal was made after the defendants had been directed to enter their defence while Section 108(3) talked about acquittal of defendants if the court was satisfied.

    “The court cannot be satisfied on the merit of the case except the prosecution closed their case and the defendants testified in their defence and called their witnesses,” he said

    The judge, who struck out the amended charge, only discharged all the nine defendants of the charge.

  • Why we are using hotel seized from Dasuki – EFCC

    Why we are using hotel seized from Dasuki – EFCC

    Economic and Financial Crimes Commission, has confirmed using the Halal Fountain Hotel located at No. 29A, Rabah Road, Kaduna, which was reportedly seized from the former National Security Adviser, Sambo Dasuki.

    The Head of the anti-graft agency in Kaduna, Sanusi Abdullahi, who confirmed the usage, said the facility is presently being used by staffs of the agency who have been transferred to the state.

    A report published in Daily Trust had detailed how the commission was using the property which was under investigation in connection with the $2.1bn arms scandal.

    He further stated that he has slept in the facility also when he was newly transferred to Kaduna.

    A group known as Badarawa Concerned Youths had claimed that: “The facilities in the premises, including television sets in the rooms have disappeared into thin air.”

    Abdullahi, however, denied the claim that items including television sets were missing from the hotel.

    He added that the commission has done a lot of maintenance work to ensure the hotel did not fall apart.

    The zonal head noted that the commission has the details of all the items in the facility.

    A man that spoke with the news platform said the hotel is under investigation and therefore, not open to the public.

    He also confirmed that EFCC cadets were lodging at the time of the visit, saying it was a temporary arrangement before they sorted out their accommodations.

    “Cadets who have passed out from the EFCC camp use this place; the people you see coming into this place are EFCC staff. They stay here temporarily before they get accommodation and move to their permanent abodes,” he said.

  • Dasuki speaks at last, confesses: ‘I told Jonathan of my relationship with Buhari, Tinubu before accepting NSA appointment’

    Dasuki speaks at last, confesses: ‘I told Jonathan of my relationship with Buhari, Tinubu before accepting NSA appointment’

    Former National Security Adviser (NSA) Col. Sambo Dasuki (rtd) has denied campaigning for the All Progressives Congress (APC) in the 2015 Presidential Election.

    He said on Sunday that he never worked at cross-purposes with former President Goodluck Jonathan.

    Col Dasuki said he was only involved in an attempt at forging an alliance between the Action Congress of Nigeria (ACN), the All Nigeria Peoples Party (ANPP) and the Congress for Progressive Change (CPC) before the 2011 elections.

    In a statement he personally signed in Abuja, the former NSA said the clarifications became necessary to “put the records straight especially in view of politics of mischief and character assassination”

    The statement reads: “My attention has been drawn to a false report to the effect that I discreetly campaigned for President Muhammadu Buhari and his party APC while I was serving as President Goodluck Jonathan’s National Security Adviser.

    “At first, I found the report too ridiculous to take serious but on a second thought, I felt it would be appropriate not only to debunk it but to put the records straight especially in view of politics of mischief and character assassination that are unfortunately the norms today.

    “The truth is that I was involved in an attempt at forging an alliance between the Action Congress of Nigeria (ACN), the All Nigeria Peoples Party (ANPP) and the Congress for Progressive Change (CPC) among others prior to 2011 elections which was not successful. My involvement in that political process ended after the elections of 2011.”

    Dasuki said he made full disclosures on his relationships with Buhari, Asiwaju Bola Tinubu and Chief Ogbonnaya Onu to ex-President Jonathan before accepting the offer of NSA.

    He added: “At the point of accepting the appointment to serve as National Security Adviser (NSA in 2012, I made it clear to President Jonathan that I had relationships with General Muhammadu Buhari of CPC, Asiwaju Ahmed Tinubu of ACN and Chief Ogbonnaya Onu of ANPP among other opposition elements and that my appointment would not cause me to sever the relationship.

    “I, however, assured him that I would never betray him. As a man of honour, I kept to my words.

    “Therefore, as NSA between 2012 and 2015, I never campaigned for APC nor its candidate, Muhammadu Buhari, in whatever shape or form before, during or after the 2015 presidential election.

    “I never worked at cross-purposes with my boss, ex-President Goodluck Jonathan as being recklessly insinuated by mischief makers on their blogs and social media.”

  • Buhari Not Dasuki, What Yushau Shuaib Must Know Now

    By Richard Murphy

    The name Yushau Shuaib rings a bell. He writes well, but most times for the wrong reasons. In most instances, he arrogates the monopoly of knowledge to himself, which is a huge minus as no human being can claim to be all-knowing.

    I must admit that I have followed his writings religiously especially with regards to the tenure of the Service Chiefs in the country. Yes, he has the right to his opinion. However, he must realize that he is not an authority in security issues. I believe his first stint at it was during the Goodluck Jonathan era where he served as a media consultant in the Office of the National Security Adviser.

    I dare say that since Sambo Dasuki was relieved of his appointment as National Security Adviser, and the subsequent revelations that followed suit, Yushau Shuaib has not known peace for undeniable reasons. The attendant attack on the Muhammadu Buhari administration has been scathing and in most instances utterly disrespectful.

    This is the premise on which I am penning this article. I used to be an admirer of his writings. But not anymore because a situation where an individual ascribes to himself sainthood that should be revered in an anomaly. I won’t say it is a function of lack of patronage since President Muhammadu Buhari came on board, but that can’t be ruled out entirely because we all need patronages to keep life going.

    In seeking for that patronage, we must however not lose sight of the bigger picture which is and remains the national interest. This much Yushau Shuaib must come to terms with and come back to reality. Like I mentioned earlier, I used to be a fan of his, but the moment I noticed his tilt, I withdrew entirely, and after that, I always read him with a pinch of salt.

    Two issues I want to address here; this is a new era where it is not business as usual, and Muhammadu Buhari is not Sambo Dasuki that was very generous to him with public funds. I am sure he can’t deny this fact because he indeed was the Chief Media Consultant to the Forum of Spokespersons of Security and Response Agencies (FOSSRA), a conduit with which he was paid hefty sums of monies under the Goodluck Jonathan era.

    For those wondering what FOSSRRA meant, I would say it was more like an avenue for the boys to make good money. This is on the heels that the former National Security Adviser engaged Yushau Shuaib to serve as a media consultant to the military, security, intelligence and response organizations under a unified platform, and had as his core mandate the responsibility of positioning the agencies for desired public perception and changing the negative narratives regarding the war against terror.

    FOSRRA was under the auspices of Office of National Security Adviser, and the Office of the National Security Adviser footed its bills. And what was his responsibility as the Chief Media Consultant? Issuing press releases of government security agencies to media houses. What a job description. In effect, that is good business for any media consultant if you must agree with me.

    Having this background in mind, one would understand where Yushau Shuaib is coming from and why he thinks his views in security issues is yes and amen. In the light of this circumstances, it can be said that his scathing attacks on President Muhammadu Buhari is simply because the butter on his bread is no longer forthcoming and as such he is going for the jugular of the present administration.

    In all of these Yushau Shuaib must come to terms that President Muhammadu Buhari is not one that would pay writers or media consultants to turn the truth on its head. If not for anything, the president rode on its principled stance on integrity to power. This fact can be verified. President Muhammadu Buhari that we all know wouldn’t patronize people to say what is not, nor his appointees would open the treasury under dubious nomenclatures for political patronage.

    I can easily tell that his writings on the Service Chiefs are at the behest of his principal. Even at that, it must be noted that the President and Commander-in-Chief has the prerogative on the tenure of the Service Chiefs in the country. I don’t think there should be a basis for comparison between what we experienced under Goodluck Jonathan and now.

    If Yushau Shuaib would be honest enough to admit that the level of commitment by the present crop of Service Chiefs is indeed noteworthy and a deviation from times past. As a security expert that he claims to be, he should know that in this era, there is no room for mediocrity. And this much has seen to the numerous gains recorded in the fight against terrorism in Nigeria.

    The federal capital territory is no longer under siege, and the threats posed by the Boko Haram group have mainly been confined to the fringes of the Lake Chad Basin region. If this is not a plus, I wonder what Yushau Shuaib wants us to believe.

    Don’t get me wrong. I am not discouraging him from writing, but he should do well not to insult our sensibilities. I believe he can write with passion. But he should not be propelled by pecuniary interest because that was what took us to where we were when his boss and paymaster was the National Security Adviser.

    The issue of Service Chiefs is clearly outside his purview. He should concentrate on areas he has a considerable advantage at the risk of sounding like a broken trumpet. I also believe that his PR outfit Image Merchants Promotions Limited can come back to life if they get their acts right and engage in genuine enterprise and not the resort to blackmail and half-truths thereby misleading members of the unsuspecting general public.

    I believe Yushau Shuaib would take this opinion of mine in good faith because I am aware he fears the views of others. Yet, he wants his views to be canonized because he is the almighty expert that all Nigerians should revere.

    Yushau Shuaib in his capacity as the revered expert on security affairs should also do well to tell Nigerians if there haven’t been concerted efforts to curb the security challenges in the country. This is the next assignment for him, and I would strongly advise that he does his research thoroughly to convince us on why President Muhammadu Buhari has kept his Service Chiefs.

    I wait to hear from him, just like the generality of Nigerians. He should walk the talk and be guided by the principle of objectivity.

    Murphy is a security expert and wrote this piece from Calabar.

  • Court orders release of Dasuki’s International passport

    Court orders release of Dasuki’s International passport

    Justice Hussein Baba-Yusuf of an FCT High Court Maitama, on Wednesday ordered for the release of the international passport of former National Security Adviser (NSA), Col. Sambo Dasuki (rtd).

    Baba-Yusuf gave the order, following an application by Ahmed Raji ,SAN, Dasuki ‘s counsel, praying for the release of the passport dated and filed on Feb. 11.

    Raji had sought for the release of the passport to enable Dasuki renew the expired passport, which has been in the custody of the court for the past four year.

    Arguing the application, Raji withdrew the second relief sought in the application.

    According to him, the relief seeking the release of the passport, was not opposed by the prosecution innocuous application as the prosecution did not file any counter application.

    The prosecuting counsel, Mr Oluwaleke Atolagbe, did not object to the relief sought by Dasuki.

    Meanwhile, the judge adjourned until March 13 for hearing of the substantive case.

    Dasuki is being tried alongside other defendants before Justice Hussein Baba-Yusuf by EFCC since 2015 on alleged misappropriation of fund made for arms.

    He is being tried alongside former Minister of State for Finance, Ambassador Bashir Yuguda; (1st defendant), former Sokoto State governor, Attahiru Bafarawa, his son, Sagir and his company, Dalhatu Investment Limited.

    NAN reports that in the charge , with number FCT/HC/CR/42/2015, he was charged alongside a former Minister of State for Finance, Ambassador Bashir Yuguda; a former Sokoto State governor, Attahiru Bafarawa, his son, Sagir and his company, Dalhatu Investment Limited.

    They are facing a 25-count charge bordering on alleged criminal breach of trust, misappropriation of public fund to the tune N19.4 billion.

    Similarly, Baba-Yusuf adjourned until April 9 for hearing of the sister case.

    EFCC applied to withdraw their two applications filed on Oct. ,2019 and Dec. 20, 2019 and the applications were struck out.

    The sister case is numbered FCT/HC/CR/43/2015, Dasuki is facing trial alongside a former General Manager, Nigerian National Petroleum Corporation (NNPC), Aminu Babakusa and two firms: Acacia Holdings Limited and Reliance Referral Hospital Limited.

    They were first charged in November, 2015 on a 19-count charge bordering on money laundering and breach of trust to the tune of N13.5 billion alongside a former Director of Finance and Administration, Office of the National Security Adviser (ONSA), Shuaibu Salisu, who was later removed from the charge.

    Other defendants were on May 16, 2018 re arraigned on an amended 32-count charge bordering on criminal breach of trust, dishonest release and receiving various sums of money to the tune of N33 billion and misappropriation.

  • Dasuki appears in court after release from detention

    Former National Security Adviser (NSA), Sambo Dasuki (rtd), on Thursday, appeared in a Federal High Court, Abuja, for his trial on charges of money laundering and illegal possession of firearms instituted against him by the Office of the Attorney-General of the Federation (AGF).

    Mr Dasuki, who made his first court appearance, after his release from a four-year-long detention, before Justice Ahmed Mohammed, withdrew two separate applications which he filed in protest against his trial while being kept in illegal custody.

    The ex-NSA, at the proceeding, decided to remain standing in the dock even when the judge offered that he should sit down.

    News Agency of Nigeria reports that there are two separate sets of charges of alleged diversion of funds earmarked for procurement of arms meant for fighting Boko Haram in the North East pending against him at the High Court of the Federal Capital Territory (FCT) in Abuja.

    However, neither of the two other cases had come up since December 24, 2019, when he was released from the custody of the Department of State Services (DSS).

    At the resumed hearing on Thursday, Mr Dasuki, through his counsel, Olukayode Ariwoola, withdrew his two separate applications filed in protest against his continued detention.

    Mr Ariwoola said that they had been overtaken by the event of the release of his client.

    “My lord, we have two pending applications before this court. One is dated December 11, 2018 and the other is dated January 8, 2019.

    “The two applications have been overtaken by event because our client was released on December 24, 2019.

    “In the circumstance, we apply to withdraw the applications,” he said.

    Responding, the prosecution counsel, Dipo Okpeseyi, said he had no objection to the request to have the applications withdrawn.

    The judge subsequently struck out the applications and adjourned till March 11 and 12 for the continuation of trial.

    NAN reports that Mr Dasuki, in the application filed on December 11, 2018, had sought an order to adjourn indefinitely his trial and/or further trial in the case pending compliance by the AGF with the court’s judgment delivered by Justice Ijeoma Ojukwu on July 2, 2018.

    Also, in the other application filed on January 8, 2019, Mr Dasuki had urged Justice Mohammed to invite some senior lawyers, including the current and two past presidents of the Nigerian Bar Association, to address issues relating to his detention.

  • Buhari: Let’s build on Dasuki, Sowore momentum, By Ehichioya Ezomon

    Buhari: Let’s build on Dasuki, Sowore momentum, By Ehichioya Ezomon

    By Ehichioya Ezomon
    A reaction, by a journalist on Facebook, to my article of January 6, 2020, captioned: “2020-2023: Buhari and contacts with Nigerians,” tended to dampen the thrust of the piece: the need for President Muhammadu Buhari to regularly connect with Nigerians.
    Describing the feature as “a great piece,” the respondent said, “but what you propose will be long coming.” Why? He said: “I covered his (Buhari’s) first coming as Military Head of State. It will be difficult to remove the stoic toga that characterizes the man, Buhari.
    “As for humour, there is aplenty in him and it is shared rarely. He is firm and compassionate. For fear of turning this into a PR job, that which you expect will be long coming. He hates to play to the gallery.”
    That got me thinking! Why can’t President Buhari be swayed to change his ways or remove his “stoic toga,” as he’s also credited to be “compassionate”?
    My response’s that: “Nigerians have had an overdose of his firmness, but rarely that of his compassion. Showing that in face-to-face contacts with the people that voted him into power shouldn’t be viewed as a PR, or playing to the gallery.”
    Wasn’t it speculated or claimed that several Nigerians persuaded, and an American senator “threatened” President Buhari to release former National Security Adviser, retired Col. Sambo Dasuki and the publisher of Sahara Reporters, Mr. Omoyele Sowore?
    Why will Buhari’s mind remain rigid as regards similar detainees, like the leader of the Islamic Movement of Nigeria (IMN), Sheikh Ibraheem El-Zakzaky, his wife, Zeenat, and a local tabloid publisher in Cross River, Mr Agba Jalingo?
    Well, I find interesting, on the same Monday of January 6, a piece by renowned lawyer, educationist and administrator, Chief Afe Babalola, calling for the convocation of a Sovereign National Conference (SNC), to midwife a new Constitution for Nigeria.
    Chief Babalola, on the back page of the New Telegraph, pleaded with President Buhari not to stop at the “two miracles” that “happened towards the end of 2019,” but to “immediately send a Bill to the National Assembly,” proposing the conference.
    The “miracles” refer to the closure of the Nigerian borders with Benin Republic and Niger Republic, and the release of Dasuki and Sowore, who’s a presidential candidate in the 2019 election.
    Desirous as a SNC, and the gains of the border closure are, they aren’t the objects of this discourse, but the pursuit of the momentum of “national healing,” which government’s release of Dasuki and Sowore represents or can engender.
    Nigerians may not correctly gauge the gains of their temporary “freedom” from detention of four years, and four months, in that order. But the sudden cessation of localized, and national protests by Sowore’s supporters points to government’s right decision.
    With no embers to fan in the interim, critics, officially pigeonholed as “opposition,” who had capitalized on the detainees’ dilemmas, have turned to other frontiers, such as the politics of 2023.
    But it isn’t “hallelujah time,” as the doors are still shut on several hailed “Prisoners of Conscience,” prominently Sheikh El-Zakzaky, his wife, Zeenat, and Mr Jalingo, ranked domestically and globally on the same pedestal as Dasuki and Sowore.
    So, why would the government treat El-Zakzaky, Zeenat and Jalingo’s cases differently “if it has decided to obey the rule of law, and court orders,” and release Dasuki and Sowore?
    That’s how most Nigerians view the government action, without the insight that “their cases fall under the state judiciary,” in these instances, the governments of Kaduna and Cross River.
    The Attorney General of the Federation and Minister of Justice, Mr Abubakar Malami, stated government’s rationale to let go Dasuki and Sowore, while El-Zakzaky and Jalingo are restrained.
    Malami said: “In determining the authority responsible for compliance with a court order, with particular reference to bail, one must be guided by the law under which the accused person is charged and granted bail.
    “On one hand, where the accused is charged under state law, the order of the court granting bail for an accused person is targeted at the state authorities for compliance.
    “On the other hand, where charges are framed under federal offences, the order granting bail is targeted at the federal authorities for compliance.”
    Going by Malami’s explanation, whereas Dasuki and Sowore are charged under federal law, the charges against El-Zakzaky and Janingo are framed under state offences.
    But with the Department of State Services (DSS) prosecuting, and holding him and his wife in “protective custody” in Abuja, the public had viewed the El-Zakzaky case as a federal felony.
    That notion changed when the IMN leader and his wife were granted an Abuja court’s leave to go for medical treatment in India in August 2019. Then, the federal authorities said it’s only the Kaduna government that could release the duo for the trip.
    To polity watchers, “pushing the case” to the jurisdiction of the Kaduna government “was a ploy” by the federal government to avoid blame were the state government to deny the detainees the permission to travel for the medical treatment.
    If they had committed state offences, why would they be tried, and held in Abuja under the “protective custody” of the DSS, an agency of the federal government?
    Yet, when the medical treatment fell through, the detainees were returned to the DSS custody in Abuja. Why wouldn’t they be left in the ambit of the Kaduna judiciary and the custody of the state government, if, indeed, they infracted state law?
    If El-Zakzaky and Jalingo are facing “treasonable felony” charges filed by their individual state government, why will Jalingo be held by the Cross River government, and El-Zakzaky is confined in Abjua, away from Kaduna, the location of the alleged crime?
    That the cases are domiciled in the states doesn’t resonate with concerned citizens, who know that the federal government has the power to assume jurisdiction in matters of national and subnational interests, especially in treasonable felonies.
    The purpose here isn’t to impeach the custody of the detainees, the jurisdiction of the cases or the charges preferred against them, which they have the onus to disprove in court.
    Rather, the advocacy is that as there’re reasons, and seasons for the government decision to release Dasuki and Sowore, such alibis should be found to free El-Zakzaky and his wife, and Jalingo.
    By intervening on behalf of El-Zakzaky, Zeenat and Jalingo, the Buhari administration would not only be advancing the “miracles” of December 24, 2019, in respect of Dasuki and Sowore, but also extending the new vista of hope into, and beyond 2020. So, let the good tidings, and celebrations continue!
    * Mr. Ezomon, Journalist and Media Consultant, writes from Lagos, Nigeria.
  • Why we detained Dasuki, Sowore despite court orders – FG

    Why we detained Dasuki, Sowore despite court orders – FG

    The Attorney General of the Federation (AGF) and Minister of Justice, Abubakar Malami (SAN) has explained that the Federal Government had the right to keep the former National Security Adviser, Col. Sambo Dasuki and convener of #RevolutionNow, Omoyele Sowore despite court orders.

    Malami disclosed this when he appeared on ‘Good Morning Nigeria’, a programme of the NTA on Thursday.

    The AGF said the orders of the court were subject to applications for variation and appeals at the Court of Appeal, explaining that the enforcement of the orders could be delayed in such circumstances.

    He said this applied in the cases of Dasuki and Sowore, adding that “there were applications for setting aside orders; there were appeals for a stay of execution all through. So, until those matters reach the Supreme Court and it takes the final decision, relating there, you are still operating within the ambit and context of rule of law.”

    The AGF further stressed the need for Nigerians to understand the judicial process and that not all court orders are to be obeyed immediately.

    “Perhaps, I need to clear the air on how the rule of law operates within the context of the Nigerian constitution. We have multiple and a plethora of judicial decisions that establishes a fact that when you are challenging a court order through a judicial process, the idea of disobedience to that court order does not arise,” he said.

    Malami added that: “The misapprehension that set into the system and deliberately put in the public space is the fact that once there is a court order, you must unconditionally comply.

    You can only be adjudged being in disobedience of a court order when you don’t take advantage of the constitutional powers, rights accorded to you by appealing against the order and perhaps, seeking for stay of execution of the order or perhaps, you don’t take any steps seeking variation of the court order.”

  • Dasuki, Sowore: Critics’ gripe over process, By Ehichioya Ezomon

    By Ehichioya Ezomon

    It’s “different strokes for different folks,” as Nigerians continue to react to the release of former National Security Adviser, retired Col. Sambo Dasuki, and activist-publisher-politician, Mr Omoyele Sowore, on Tuesday, December 24, 2019.
    The overdue gesture, coming after Dasuki and Sowore had spent almost four years and seven months, respectively, in detention, was ordered by the Attorney General of the Federation and Minister of Justice, Mr Abubakar Malami.
    While many hail the release as “a perfect Christmas gift” not only to the detainees, but also to all Nigerians, others are splitting hairs over the process of their freedom: Why was it effected?
    This angle of the debate has overshadowed the import of the matter, as the proponents argue that the President Muhammadu Buhari administration didn’t release the detainees as a matter of benevolence, but was forced to so act.
    So, what informed the administration’s decision after shunning several court orders on bail? Who or what pressured or influenced the government to free the duo from lengthy incarceration?
    This query isn’t misplaced, going by experiences of the recent past when agencies of government acted, in a pick-and-choose fashion, which lawful orders to obey or disregard in high-profile cases.
    For instance, in the matter of Dasuki and Sowore, the Department of State Services (DSS), which prosecutes them for offences of treason, gun-running, cyber-stalking or money laundering, has displayed scant regard for court fiats to commit them to bail.
    Even when it “agreed” to releasing them, the DSS would sooner slap fresh charges on the defendants, and capitalize on the confusion to re-arrest them, sometimes at court premises.
    On December 6, armed operatives of the DSS invaded a Federal High Court in Abuja, to seize Sowore on “fresh charges” of breaching his bail conditions hours after his initial release.
    The previous day, December 5, Sowore (and his co-defendant, Olawale Bakare) was released by the DSS on the strength of a ruling, on that day, by Justice Ijeoma Ojukwu.
    Besides giving the DSS 24 hours to free the detainees, and pay a fine of N100,000, the judge had threatened dire punishment should the service disobey, once again, to release the defendants.
    So, on the next court day, Friday, December 6, specially slated for a report of compliance with the court directive, and for resumption of the trial, DSS operatives invaded the court, to arrest Sowore.
    There’s a tug of war between the operatives and supporters of Sowore, to take possession of the activist. The milieu, in which “guns were cocked,” prompted an adjournment of proceedings.
    It took the shepherding by Sowore’s lead lawyer and rights activist, Mr Femi Falana, to persuade the operatives not to “desecrate” the “Temple of Justice,” but to go outside to effect the arrest of his client, who spent additional 18 days in confinement.
    While Mr Malami, in the interim, called for Sowore’s court files, many Nigerians didn’t expect a positive outcome from the Attorney General, who had said he couldn’t ask the DSS to release Sowore and others in similar dilemmas.
    Indeed, the watching public had hazarded that Malami, a close ally of President Buhari, only called for the detainees’ files in order to prolong their captivity through “contrived” adjournments and amendments or filing of fresh charges against them.
    In essence, the “Breaking News” of December 24, about the government directive to release Sowore and Bakare, and the long-held Dasuki, was a bolt out of the blue.
    That’s why the “conspiracy theory” that government’s hands were forced by external forces, particularly the United States of America, which days earlier, had placed Nigeria on a Security Watch List (SWL) over alleged religious and human rights abuses.
    Before the SWL slam, there’s a report that U.S. Senator Robert Menendez had written a letter, threatening American sanctions on Nigeria for refusing to release Sowore and others.
    The social media thus linked the letter to the release of Sowore. Some samplers: “Buhari bows to pressure from America.” “The fear of the U.S. government is the beginning of wisdom for Nigerian government.” “I now believe that dictators are indeed cowards.” “It was a foreign letter that compelled this lawless government to do the right thing.” “I sense the beginning of the cabals’ downfall.” “Sowore is the Saviour Nigerians have been looking for.”
    Nothing could persuade the purveyors of this narrative that the Buhari government acted at its discretion to release the detainees. Not even the usual “credible persons” they religiously follow could change their minds.
    In the heat of the debate, former Minister of Aviation, Chief Femi Fani-Kayode, had “revealed four Nigerians,” who persuaded President Buhari to release Dasuki and Sowore. He stated this on Twitter on December 24.
    He wrote: “I can tell you authoritatively that 4 people fought from within to get Dasuki & Sowore released & eventually managed to convince Buhari. They are Abba Kyari, Malami, Hadi Sirika and Kayode Fayemi. They represent the liberal and cerebral wing of the Buhari Govt. & I commend them.”
    But some see Fani-Kayode, an unrepentant critic of Buhari and his government, as “spinning” for the administration. “What haven’t we seen in this Nigeria,” a critic wrote on WhatsApp, adding, “Look at Fani-Kayode joining the ‘cabals’ to fool Nigerians.”
    It’s the same way others dismissed the explanation by Mr Malami, that the government took the decision to free Dasuki and Sowore on compassionate ground, and on its commitment to the rule of law and obedience to court orders.
    “Oh, where were they (government) when ‘fowl grow teeth,’?” a poster hollered on Facebook. “Is it just now they knew that Dasuki and Sowore needed compassion, and that they should obey lawful orders of the courts?” the critic said.
    No one should begrudge Nigerians expressing displeasure over government’s seeming proclivity to resorting to strong-arm tactics in dealing with offences people would readily ascribe to “settling scores” instead of the pursuit of law and order.
    But my point of departure with them is the simplistic conclusion that an American senator’s letter would quickly turn, into a lilly-livered civilian, an alleged “military dictator,” who the opposition Peoples Democratic Party (PDP) labels his rule as “worse than Adolf Hitler’s of Germany, and Samuel Doe’s of Liberia.”
    Does Buhari that Nigerians know present a visage to be cowed by external forces, least of all by a morally-bankrupt American senator mired in underage prostitution allegations?
    Let’s wean ourselves of this mentality that America or any other country can dictate to Nigeria how to run its domestic affairs. Nigeria isn’t a vassal state, but an independent Republic!
    * Mr. Ezomon, Journalist and Media Consultant, writes from Lagos, Nigeria.