The Economic and Financial Crimes Commission has opposed the bail applications
filed by the immediate past National Security Adviser, Col. Sambo Dasuki
(retd.), and two others before a Federal Capital Territory High Court in
Maitama, Abuja, where they were on Monday arraigned
on 19 counts of misappropriation of about N32bn meant for the purchase of arms.
The prosecution, led by Mr. Rotimi Jacobs (SAN), in separate
counter-affidavits to the bail applications, said the accused persons could
abscond if granted bail by the court. Those arraigned along with Dasuki, before Justice Yusuf Baba on Monday, are
a former Director of Finance and Administration in the Office of the NSA,
Shuaibu Salisu, and Aminu Baba-Kusa.
Aminu-Kusa’s two firms – Acacia Holdings Ltd and Reliance Referral
Hospital Limited – are also part of the accused. The accused persons pleaded not guilty to all the 19 counts involving
the misappropriation of about N32bn when the charges were read to them on
Monday. Baba-Kusa pleaded not guilty for himself and on behalf of his two
firms.
Dasuki was represented by his lawyer, Mr. Ahmed Raji (SAN), who is also
defending him in his trial of money laundering and illegal possession of
firearms, instituted against him before the Federal High Court in Abuja. While Salisu was represented by Mr. A.U. Mustapha, Baba-Kusa was represented
by Ms. Umahani Ali. The judge adjourned till 12pm on Tuesday for
the hearing of the accused persons’ bail applications.
In the counter-affidavit, filed by the EFCC against Dasuki’s
application, sighted by our correspondent on Monday, the prosecution stated that “the severity of the
punishment upon conviction, which awaits the applicant, is an incentive for him
to jump bail.”
The prosecution also opposed his bail application on the grounds that as
“a former military officer and a former NSA,” Dasuki had the power to influence
witnesses and in effect frustrate his trial. It added that the accused person was still under investigation for more
allegations against him and currently facing other criminal charges before the
FCT High Court and the Federal High Court.
The accused persons were led away by the EFCC operatives, who produced
them in court earlier in the day. There is also facing another set of charges involving Dasuki, Salisu, a
former Minister of State for Finance, Bashir Yuguda; a former Governor of
Sokoto State, Attahiru Bafarawa; his son, Sagir Attahiru, and their firm,
Dalhatu Investment.
Justice Peter Affe of the same FCT High Court in Maitama, where the case
against them was filed, on Monday, granted the EFCC leave to prefer the charges against
the accused persons. The second set of charges involves 22 counts of misappropriation of
about N13.651bn meant for the purchase of arms to fight Boko Haram in the
North-East.
The accused were said to have misappropriated a total of N13.651bn
between August, 2013 and May 7, 2015. In the 19 charges on which Dasuki and others were arraigned on Monday, the
EFCC alleged that a former Special Assistant, Domestic Affairs to ex-President
Goodluck Jonathan, Mr. Warimpamowei Dudafa, was on the run for his involvement
in the release of N10bn from the NSA office to the Peoples Democratic Party’s
presidential primary delegates.
They were accused of misappropriating about N32bn between January 13,
2013 and April 17, 2015, amounting to an offence of criminal breach of trust
against the provisions of Section 315 of the Penal Code Act, and Section 17 (b)
of the EFCC Act, 2004. They were also charged with dishonest receipt of stolen property in
breach of sections 97 and 317 of the Penal Code Act as well as receipt of proceeds
of criminal conduct in breach of Section 17(b) of the EFCC Act.
Part of the charges in the first set are, “That you Col. Mohammed Sambo
Dasuki, whilst being National Security Adviser and Shaibu Salisu, whilst being
the Director of Finance and Administration in the Office of the National
Security Adviser and Mr. Waripamowei Dudafa (now at large), whilst being Senior
Special Assistant, Domestic Affairs to the President, on or about November 27,
within the jurisdiction of this Honourable Court, entrusted with dominion over
certain properties to wit: the sum of N10bn, 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: $47m and €5.6m (Euros),
committed criminal breach of trust in respect of the said property when you
claimed to have distributed same to the Peoples Democratic Party 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, between January
22, 2015, and March 19, 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.
“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, on or about
December 12, 2013, in Abuja, within the jurisdiction of this Honourable Court,
and in such capacities entrusted with dominion over certain properties to wit:
N90m, which was in the account of the ONSA with Diamond Bank Plc, committed
criminal breach of trust in respect of the said property by remitting the said
sum into the account of Brains and Hammers Limited for the purchase of
7-bedroomed duplex house at No.11 Mansur Bamalli Drive (D1064), Apo 1, Abuja.
“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, on or about
January 28, 2015, in Abuja, within the jurisdiction of this Honourable Court,
and in such capacities entrusted with dominion over certain properties to wit:
N170m, which was in the account of the ONSA with Skye Bank Plc, committed
criminal breach of trust in respect of the said property by remitting the said
sum into the account of Urban Abode Nigeria Limited for the purchase of 4-bedroomed
duplex house at Plot 2562/2643, Platinum Villa, Asokoro, Abuja, in the name of
AVM M.N. Umaru.
“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, between October
19, 2014 and April 17, 2015, in Abuja, dishonestly misappropriated certain
property to wit: N1.45bn, belonging to the Federal Republic of Nigeria, which
sum was transferred to Acacia Holdings Limited’s bank account, controlled by
one Aminu Baba-Kusa, purporting same to be payment for organising prayers.
“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, on or about April 17, 2015, in
Abuja, dishonestly misappropriated certain property to wit: N750m, belonging to
the Federal Republic of Nigeria, which sum was transferred to Reliance Referral
Hospital Limited’s bank account in favour of one Aminu Baba-Kusa, purporting
same to be payment for organising prayers.