Metuh’s trial: Court strikes out Dasuki’s application against subpoena

The Federal High Court in Abuja has struck out an application by the detained National Security Adviser, Sambo Dasuki, seeking an order setting aside the subpoena directing him to appear in court to testify on behalf of a former National Publicity Secretary of the Peoples Democratic Party, Mr. Olisa Metuh.

The trial judge, Justice Okon Abang, ruled that having been ordered by the Court of Appeal in Abuja on September 29, 2017, he lacked jurisdiction to hear and determine the motion on merit.

He held that determining the motion on merit would amount to an attempt to review the judgment of a higher court, the Court of Appeal.

He held that all issues raised by Dasuki, through his lawyer,Mr. Ahmed Raji (SAN), had become academic since the court lacked jurisdiction to hear the complaints.

According to the judge, it would amount to “judicial anarchy” to hear Dasuki’s application on merit.

“If the applicant(Dasuki) is dissatisfied, he should know what to do and where to go, but certainly not this court,” the judge ruled.

But Dasuki, despite the subpoena issued on him upon Metuh’s application directing the Department of State Service to produce the detainee, is absent from court on Wednesday.

Former President Goodluck Jonathan also ordered by the court to appear in court upon an application by Metuh was also absent.
But a court registrar confirmed to the judge on Wednesday that Jonathan had yet to be served with the subpoena by the court bailiff as of Tuesday.

But the Department of State Service in whose custody Dasuki is detained has yet to produce the ex-NSA in court.

The judge had announced in court on Tuesday that he had, on Monday, issued a subpoena to be served on Jonathan.

But the judge, who fixed Wednesday (today) for his ruling on Dasuki’s motion, had ordered that both the ex-NSA and Jonathan must appear in court on Wednesday(today).

The two men were summoned by the court upon an application by Metuh requesting that they be ordered to testify in his defence with respect to the sum of N400m which he was said to have received fraudulently from the Office of the NSA in 2014.

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Dasukigate: EFCC arraigns Obadina for N2.4bn contract scam

The Economic and Financial Crimes Commission (EFCC) has arraigned the Managing Director, Almond Properties Ltd., Olugbenga Obadina, in the Federal High Court, Abuja, on an eight-count charge bordering on money laundering.

The EFCC arraigned Obadina on Friday for receiving over N2.4 billion from a former National Security Adviser, retired Col. Sambo Dasuki, for electricity contracts that were never executed.

The defendant, however, pleaded not guilty to all eight counts. The prosecuting counsel, Mr Peters Aso, urged the court to remand the defendant in prison custody and order accelerated hearing of the case.

Aso said that even though bail was at the discretion of the court, the proof of evidence accompanying the charges against Obadina, showed that he was not entitled to bail.

“The defendant received N2.4 billion out of which $2.6 million has been taken abroad and his passport is still in his custody.

“And so, if granted bail, he is a flight risk because he will jet off to enjoy that money already abroad,” Aso said.

The prosecutor said that although they had recovered N70 million from the defendant, rather than cooperate, he was frustrating the investigation.

He urged the court to discountenance the exhibits attached to the defendant’s bail application, saying they were public documents and only certified true copies would be accepted by the court.

Defence counsel Chris Uche (SAN) notified the court that the defendant had been in EFCC’s custody for over one month even though he had been granted administrative bail.

Uche urged the court to grant his client bail, saying that the charge preferred against him was one in which bail could be granted.

He also noted that the defendant had demonstrated, through the exhibits he attached to his affidavit, that he would be available to attend his trial if granted bail.

He appealed that bail should be granted in liberal terms, adding that the N70 million recovered by the EFCC could be used as bond.

The judge, Justice Nnamdi Dimgba, said that the court could put in place measures that would ensure that the defendant was not a flight risk when granted bail.

Dimgba also said that the court would put in place measures to ensure that he appeared for his trial.

Dimgba adjourned ruling on the bail application till July 18 and ordered the remand of the defendant in Kuje prison.

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Sambo Dasuki’s trial adjourned again

An Abuja High Court on Wednesday adjourned hearing in the case of alleged diversion of N13.6 billion against retired Col. Sambo Dasuki, former National Security Adviser. Dasuki is being tried alongside Shuaibu Salisu, former Director of Finance, Office of the National Security Adviser and Aminu Baba-Kusa, former NNPC Executive Director.

Also being tried are Acacia Holding Limited and Reliance Referral Hospital Limited. Justice Hussein Baba-Yusuf after reading a letter from the prosecuting counsel, Mr Rotimi Jacobs (SAN) requesting adjournment, adjourned hearing in the case until July 4.

The letter stated that Jacobs and his team were in the Court of Appeal which notified them on June 14 that two of their matters would be heard in the court, hence, the request for adjournment.

At the resumed hearing on Wednesday, no counsel represented Dasuki, Acacia Holding Limited the 4th defendant and Reliance Referral Hospital Limited the 5th defendant.

Mr Oyewole Ilori, who held brief for Chief Akin Olujimi (SAN), counsel for the 2nd defendant, told the court that the date, June 29, requested by the prosecution was not convenient for him.

Mr Steve Ekeh, who held brief for Mr Solomon Umoh, counsel for the 3rd defendant, however, did not object the prosecution’s request. Mr Joesph Daudu (SAN), Dasuki’s counsel, had submitted an application praying the court to consolidate the two cases against his client in the FCT High Court, Maitama.

The cases are before Justice Hussein Baba-Yusuf and Justice Peter Affen. Daudu sought for an order directing the prosecution to amend charge No FCT/HC/CR/43/ 2015 pending before Baba-Yusuf to include the counts in the counts before Justice Affen.

Dasuki’s counsel said that his prayer was pursuant to sections 6(6)(a), 35(5) and (9) of the 1999 Constitution as amended and sections 1(1); 208; 396(3); 401and 492(3) of the Administration of Criminal Justice Act 2015.

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Dasuki’s detention stalls trial in Abuja court

The detention of the former National Security Adviser, Colonel Sambo Dasuki (rtd) since December 2015 which has prevented him from accessing his lawyers for defence in criminal charges filed against him by the government scuttled his trial before an Abuja High Court today.

The trial scheduled to hold today before Justice Peter Affen could not hold as Dasuki maintained that he has not been able to brief his legal team because of his continued detention since last year after being granted bail by three different courts.

Dasuki who was represented by his counsel, Mr. Ahmed Raji SAN, has however filed a motion on notice before the court asking for the order of the court to direct the federal government or any of its agents acting on its behalf to provide him adequate time to prepare his defence in the 19 count charges of offences filed against him and which he had been admitted to bail.

In the motion dated April 19, Dasuki prayed the court to compel the federal government to give access to any counsel of his choice during working days between Mondays and Fridays at J.B Daudu Legal Chamber in Abuja pending hearing and determination of the motion on notice filed at the court of appeal to stay proceedings at the Abuja High Court.

The former NSA also prayed the court to order the federal government to provide adequate facilities for him in order to enable him study the charge and bundle of evidences attached to the charges against him.

The new motion was predicated on five grounds which include that he stands for trial on a 19 count charge of offences that he had been admitted to bail and under Section 36 (b) of the 1999 Constitution he reserved the right to adequate time and facilities from the preparation of his defence.

Dasuki also claimed that he needed at least 20 interactive and instructive sessions with his lawyers on record, or any counsel of his choice in the preparation of his defence for trial.

In a 13-point affidavit in support of the motion and sworn to by one Ahmed Usman, it was averred that Dasuki was admitted to bail on December 21, 2015 and subsequently met all the bail condition that he was released but was immediately rearrested by the operatives of the Department of State Security Service (DSS) without any court order.

The Affidavit said “Since Dasuki’s rearrest he has not been allowed access to any of his lawyers neither has he being provided with adequate facilities for him to prepare his defence and that the continued detention since December 2015 has denied him access to his lawyers and adequate facilities to study the charges and get set for his trial.”

It was also averred that Dasuki only see and discuss with his lawyers briefly whenever he is produced in court on a date when the trial is slated before the High Court. He therefore urged the court to order the complainant to obey the rule of law in his trial in the interest of justice.

At the resumed hearing today, EFCC Counsel, Mr. Olaoluwa Atelagbe told Justice Affem that he has been served with a copy of Dasuki’s motion praying for access to his lawyers. The EFCC counsel however requested for an adjournment to enable him to react to the motion.

Meanwhile the motion has been slated for May 25, 2016 for hearing.

-PMNews

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‘EFCC, Army have behaved like illiterates’ -Ne Judge orders immediate release of Dasuki’s aide

The Economic and Financial Crimes Commission and the Nigerian Army have been ordered to release Colonel Nicholas Ashinze, a former aide to the ex-National Security Adviser, Colonel Sambo Dasuki (retd.).

An Abuja High Court sitting in Jabi, on Monday, ruled on the bail hearing of Ashinze, who has been in detention since December 23, 2015.

Justice Yusuf Haliru directed the EFCC and army to immediately release him on self-recognition, stressing that his detention was illegal, wrongful, unlawful and constituted a blatant violation of his fundamental rights.

The court also ordered the EFCC to immediately release the documents and items the anti-graft agency seized from the house of Ashinze.

“The EFCC is a creation of the ‎law. The court will not allow it to act as if it is above the law. It is remarkable to note that the motto of the EFCC is that nobody is above the law, yet they are acting as if they are above the law.”

“The EFCC Act is not superior to the constitution of the Federal Republic of Nigeria. The respondents in this matter have not behaved as if we are in a civilised society. They have behaved as if we are in a military dictatorship ‎where they arrest and release persons at will.”

“The respondents, I must be bold to say- the EFCC and the Army- have behaved like illiterates”, the Judge added. ‎ He said the constitution stipulated that any person so detained should be charged to court within reasonable time not exceeding two months from the date of arrest.”

“Why has the 1st respondent kept the applicant without bringing him to court? Why was the applicant, being a serving military officer who could be easily reached, not granted administrative bail? Or is it that the applicant has been found guilty and already serving his jail term?‎”

“Nobody should be subjected to the whims and caprices of the EFCC. The essence of the rule of law and constitutional provisions is to ensure a just balance between the ruler and the ruled, between the powerful and the weak. Though the EFCC has the responsibility to investigate financial crime, it must however conduct its operations in accordance with the rule of law.”

“The court is empowered to guard against i‎mproper use of power by any member of the society or agency, EFCC inclusive.‎ “The detention of the applicant, for all intent and purposes, is not just unfair but unfortunate.”

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