Drama as judge forces FG to produce Dasuki in court
•Security operatives run helter-skelter to produce ex-NSA after two hours
•EFCC slams fresh charges against Olisa Metuh
•Says he destroyed evidence, brings him to court in handcuffs again
This
happened on a day the Economic and Financial Crimes Commission, EFCC,
arraigned the National Publicity Secretary of the Peoples Democratic
Party, PDP, Chief Olisa Metuh, on a fresh two-count-charge of
destroying the evidence against him. Metuh was for the second time
brought to court in handcuffs.
At
Abuja High Court where Dasuki is facing trial, the judge observed
when the matter was called up at 9.00 am that, whereas the other
accused persons were present in court, Dasuki who has been in
detention, was not produced for trial.
Three
different courts where Dasuki was arraigned for criminal charges had
granted him bail but the bail orders were not obeyed by government
which instead took the defendant to an unknown custody.
Justice
Hussein Baba Yusuf, who took swipe at the Federal Government for
failure to bring Dasuki, insisted that he would not proceed with the
case until Dasuki was brought before him.
Consequently,
the prosecutor, applied for about one hour stand-down to await the
arrival of Dasuki.
Security
operatives, who had taken the defendant to unknown custody in the
past six weeks then ran helter-skelter to fish him out when the
reality dawned on them that the judge will not shift position.
Dasuki
was eventually brought to the court around 11:00am in compliance with
the court order under tight security.
A
judge of the Federal High Court, Justice Adeniyi Ademola had on
Wednesday ordered the Federal Government to produce Dasuki before him
on February 16 to answer another set of criminal charges.
Why
Dasuki must be in court
Justice
Ademola maintained that it was wrong of government to have expected
the court to conduct a criminal trial in the absence of the defendant
and in violation of the law.
Dasuki
was charged alongside erstwhile Director of Finance in the Office of
the NSA, Mr. Shuaibu Salisu and a former Executive Director of the
Nigerian National Petroleum Corporation, NNPC, Aminu Baba-Kusa.
They
are facing trial alongside two firms- Acacia Holdings Limited and
Reliance Referral Hospital Limited, which the anti-graft agency said
served as conduit pipes through which over N32billion was allegedly
siphoned from accounts which the office of the NSA operated with both
the Central Bank of Nigeria, CBN, and other financial institutions.
The
funds were allegedly distributed to delegates that attended the
Presidential Primary Election of the Peoples Democratic Party, PDP,
held in Abuja, a process that saw the emergence of ex-President
Goodluck Jonathan as the sole candidate of the party.
All
the accused persons had on December 14, pleaded not guilty to the
charge, even as the court, on December 18, granted each of them bail
to the tune of N200million.
Aside
the seizure of all their international passports, Justice Yusuf
equally ordered the defendants to produce one surety each, who he
said must be a serving or retired civil servant not below the rank of
Director that owns a landed property within the Federal Capital
Territory worth N200m.
Though
the trial was initially fixed for yesterday, however, it could not
proceed as scheduled owing to the absence of Dasuki’s lawyer, Mr.
Ahmed Raji, SAN, in court.
Raji
had written to the court to explain that he was billed to appear
before the Kogi State Election Petition Tribunal, yesterday .
He
sought permission of the court to defer the trial till a later date,
an application that was not opposed by the prosecuting counsel, Mr.
Rotimi Jacobs, SAN.
EFCC,
in a 27-paragraph counter-affidavit it filed before the court, said
it had sometime in September, 2015, received an intelligence report
bordering on abuse of office, criminal breach of trust, stealing,
conversion and receiving of stolen properties.
It
told the court that huge sums of money were released to Dasuki by
former President Goodluck Jonathan, saying part of the funds was to
be used for the procurement of arms and ammunition for the use of the
soldiers in the battle front.
The
Commission said the funds “running into several billions of Naira”,
were subsequently moved from the account of the office of the NSA
with the CBN and some commercial banks to the account of private
companies and individuals who have nothing to do with supply of
security equipment or rendering of security services.
“That
as a retired military officer and as a top security personnel with
wide influence and affluence, he will use his position to intimidate,
harass and influence the proposed prosecution witnesses if released
on bail.
“That
many of the proposed prosecution witnesses are public servants who
had worked under the applicant herein and will be intimidated by the
applicant if released on bail.
“That
the offences being alleged against the defendant/applicant border on
economic sabotage that strikes at the very foundation of Nigeria's
well-being and existence.
“That
it is in the interest of justice to put the applicant in protective
custody so as to shield him from a possible attack by the relatives
of the innocent soldiers who lost their lives due to lack of adequate
equipment and facilities caused by the diversion of funds meant for
that purpose.
“That
the applicant acquired a large volume of assets with the proceeds of
crimes and my team is currently tracing the assets and if released on
bail, the applicant will interfere with the assets tracing
activities. That the applicant transferred huge sum of monies to
various companies whose identities we are still trying to trace.
"That
our investigation also revealed that the applicant transferred large
sums of monies outside Nigeria and he acquired several assets in
Dubai and London with these funds”, read the affidavit deposed to
by an investigative officer with the EFCC, Mr. Hassan Saidu.
It
will be recalled that EFCC had 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.
The
accused persons were said to have transferred 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, Sen. 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.
Meanwhile
the judge has directed EFCC to ensure the presence of its witnesses
in court today.
EFCC
docks Metuh on fresh 2-count charge
In
a related development, the embattled National Publicity Secretary of
the Peoples Democratic Party, PDP, Chief Olisa Metuh, yesterday,
denied allegation that he destroyed a confessional statement he made
before the Economic and Financial Crimes Commission, EFCC.
Metuh
who was yesterday, docked before an Abuja High Court sitting at
Maitama on a two-count charge bordering on his alleged destruction of
evidence against him, pleaded not guilty to the charge.
EFCC,
in the charge which was signed by its Assistant Director, Legal &
Prosecution Department, Mr. Sylvanus Tahir, alleged that the PDP
spokesman who is also facing another seven-count criminal charge
before Justice Okon Abang of the Federal High Court in Abuja, tore
and attempted to chew the statement he made under caution while
undergoing interrogation.
The
anti-graft agency insisted that the destroyed statement would have
been vital to its prosecution of the N400m fraud case pending against
Metuh before the Federal High Court.
It
said that Metuh, by his action, committed an offence contrary to
sections 166 and 326 of the Penal Code Act.
Meanwhile,
for the second time, authorities of the Kuje prison, yesterday,
brought Metuh to court in handcuffs. Shortly after the defendant
entered his plea, trial Justice Ishaq Bello adjourned hearing on his
bail application till Monday.
Metuh
had through his lawyer, Dr. Onyechi Ikpeazu, SAN, applied to be
released on bail pending the determination of the charge against him.
Ikpeazu
contended that the allegation against his client is a bailable one.
However,
the prosecuting counsel, Tahir, while indicating his intention to
oppose Metuh’s bail request, stressed that the charge levelled
against him attracts two years imprisonment upon his conviction.
The
EFCC lawyer equally told the court that the commission has already
lined up three witnesses to testify against the defendant.
While
adjourning hearing on the bail application, Justice Bello queried why
the EFCC failed to incorporate the current charge to the one already
pending before the FHC.
Part
of the charge that was preferred against Metuh yesterday read, “That
you, Olisa Metuh in January 2016 while in the custody of the Economic
and Financial Crimes Commission, attempted to destroy evidence to
prevent its production in court during trial contrary to Section 1 of
the Panel Code.
“That
you Olisa Metuh, with intent to cause damage to the property of the
Economic and Financial Crimes Commission, tore into pieces statement
you made under caution contrary to section 326 of the panel code and
punishable under Section 327 of the same code”.
It
will be recalled that Justice Abang had on Tuesday, granted Metuh
bail to the tune of N400million.
The
court however ordered that he should be remanded at Kuje Prison
pending when he is able to perfect all the bail conditions.
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