The Federal Government on Tuesday, December 15, clarified its
position in the ongoing trial of former National Security Adviser (NSA)
Sambo Dasuki before the High court of the Federal Capital Territory
(FCT), Abuja.
According to the government, the ex-NSA was being tried because he
was involved in various activities that bordered on economic sabotage
and compromise of the nation’s security.
The government said investigation by Economic and Financial Crimes
Commission (EFCC) operatives revealed that Dasuki allegedly diverted
huge funds meant for the nation’s security, with which he allegedly
procured properties in foreign cities, such as Dubai and London.
It warned against granting bail to Dasuki on the grounds that he
could be attacked by relatives of ill-equipped soldiers, who died in the
anti-terror war as a result of Dasuki’s alleged diversion of funds
meant for the purchase of arms and ammunition for the military.
It said investigation had been intensified to trace his assets in
other foreign countries and ascertain where the yet to be located stolen
funds are being hidden outside the country.
The government’s position is contained in a counter affidavit filed
by the EFCC against Dasuki’s bail application. The affidavit was
deposed to by an operative with the EFCC, Hassan Saidu, who said he was
part of the team investigating Dasuki.
“The offences being alleged against the defendant/applicant
border on economic sabotage that strikes at the very foundation of
Nigeria’s wellbeing and existence.
“The security of the Nigerian nation was compromised and the
lives of innocent Nigerian soldiers in the battlefront against
terrorists were endangered on account of diversion of funds meant for
the security of the nation by the applicant herein.
“It is in the interest of justice to put the applicant in
protective custody so as to protect 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 the funds
meant for that purpose.
“Apart from the cases that are pending against the applicant,
he is also being investigated in respect of other criminal allegations.
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 asset tracing activities.
“The applicant transferred huge sums of monies to various
companies, whose identifies we are still trying to trace. And, if
released on bail, the applicant will interfere and frustrate our
investigation. 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.
“The prosecution is prepared to prove its case within the
shortest possible time if the application is refused and the court
orders accelerated hearing,” Saidu said.
The lead prosecution lawyer, Rotimi Jacobs (SAN), arguing the
counter affidavit yesterday, urged the court to refuse the bail
applications by Dasuki and two others arraigned with him on Monday on a
19-count charge of criminal breach of public trust and diversion of
public funds. They are ex-Finance and Administration Director in the
office of the NSA, Shuaibu Salisu and former Executive Director of the
Nigerian National Petroleum Corporation (NNPC), Aminu Baba-Kusa.
Jacobs faulted the argument by Dasuki’s lawyer, Ahmed Raji (SAN),
that a Federal High Court, before which another case was pending against
his client, had ruled that the offences are bailable. He contended that
both cases were distinguishable.
‘‘Money laundering is a secondary offence and not a primary
offence. But the charges before My Lord here are primary offences. My
learned friend didn’t tell My Lord whether his client was enjoying the
bail granted him by the other court before he was transferred to us
(EFCC). Every money laundering case has a predicate offence.’’
Jacobs argued that presumption of innocence is not a sufficient
ground for the accused persons to be granted bail. He noted that the
status of the first defendant would intimidate the prosecution witnesses
who had worked under him.
‘‘They are not entitled to bail because they may jump bail. I
recognise that the granting or refusal of bail is at the discretion of
the court, but if they will interfere with investigation of other cases
that will be instituted against them, you can refuse them bail. If bail
application is filed, it is not automatic that it must be granted,’’ Jacobs said.
Moving his client’s bail application earlier, Raji urged the court to allow Dasuki on bail pending the conclusion of his trial.
He argued that under the Constitution, an accused is presumed
innocent, no matter the gravity of the charge before the court. Also,
the Administration of Criminal Justice Act 2015 has made bail possible
in all cases.’’
Raji urged the court to discountenance Jacobs’ argument,
particularly in relation to his claim that the former NSA would
interfere with further investigation and witnesses in the current case.
He urged the court to seriously consider the ruling of the Federal
High Court, Abuja which had earlier granted Dasuki bail in another case.
“It will amount to internal inconsistency. I urge you, My Lord,
to grant the first defendant bail on very liberal terms, even if you
are not moved by the ruling by your brother at the Federal High Court.’’
Justice Hussein Baba-Yusuf adjourned till Friday for ruling on the
bail application. He directed that the defendants be further remanded in
the custody of the EFCC.
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