Another judge of a Federal Capital Territory High Court in Maitama, Abuja, Justice Peter Affen, on Friday ruled that the continued detention of the immediate past National Security Adviser, Col. Sambo Dasuki (retd.), did not violate the order granting the ex-NSA bail on December 21, 2015.
Justice Affen dismissed the application by Dasuki seeking to stop his trial for alleged diversion of N19bn arms funds on the grounds that his re-arrest on December 29, 2015 violated the order of the court.
Earlier, Justice Baba Yusuf of the same court on February 8, made similar declaration that the detention of the former NSA was not in breach of his order granting bail to him on December 18, 2015.
The judge had fixed March 23 for the commencement of trial with respect to charges of alleged diversion of N32bn arms fund preferred against him and others.
Justice Affen ruled on Friday that the application lacked merit and ordered that the trial of the ex-NSA, who was charged along with others in the case, would commence on April 20 and 22.
Dasuki was re-arrested by operatives of the Department of State Service on December 29, 2015 shortly after he was released from Kuje Prison upon fulfilling the bail conditions imposed on him by the two judges of the FCT High Court in Maitama.
The ex-NSA had filed separate applications before the two judges asking for orders prohibiting the Economic and Financial Crimes Commission from further prosecuting him on the two separate cases pending before the judges.
Among his other prayers anchored on alleged violation of the orders of the court by the EFCC, Dasuki prayed the court for an order discharging him of the alleged crime or alternatively staying the proceedings until the orders granting him bail were complied with.
But Justice Affen ruled that since it was clear that the ex-NSA was not re-arrested by the EFCC but by the DSS, the EFCC could not be said to have violated the said order granting him bail.
The judge ruled that though the EFCC and the DSS were both federal agencies, the action or inaction of one could not be blamed on the order.
The judge ruled, “Though both the EFCC and the DSS are agencies of the Federal Government of Nigeria, they are established under separate enactments and vested with distinct legal persona, powers and responsibilities such that one is not liable for action or inaction of the other.
“Even criminal prosecution is undertaken by them separately in the name of the Federal Government of Nigeria merely to facilitate the due administration of justice, which does not alter the mark of separate and distinct legal identities.
“This being so, the inevitable conclusion to reach is that the applicant has not made out a proper case of disobedience of the order made by this court on December 21, 2015 and therefore there is no legal or factual basis upon which the court can prohibit the complainant from further prosecuting the instant charges not to mention any other charge before any other court as prayed by the second defendant.”
He also ruled that the order granting bail to the defendant did not preclude him from being re-arrested by other agencies of the Federal Government in respect of other alleged crimes.
The judge said, “The point has already been made that the order allegedly disobeyed or violated did not contemplate any government agency other than the EFCC and that this court did not restrain the arrest, the re-arrest or detention of the second defendant or any of the defendants for further offences when alleged against them.”
He said there was no correlation between the prayer sought by Dasuki to discharge him and the alleged disobedience of court order.
The judge ruled, “I have found no correlation whatsoever and none has been demonstrated between the alleged disobedience of court order and being discharged of the offences charged.
“I take the considered view that even if the second defendant/applicant has succeeded in establishing the case of disobedience of the orders granted on December 21, 2015, and I have already held that he did not do so, that would not constitute valid grounds for discharging him of the offences preferred against him.”
In dismissing the prayer for an order for stay of proceedings, Justice Affen ruled that there was no basis for granting the prayer in the light of the provisions of Section 306 of the Administration of Criminal Justice Act, which prohibits the court from staying criminal proceedings.
The judge ruled, “No material is placed before this court to demonstrate what step or steps have been or are being taken towards enforcing the second defendant/applicant’s rights to liberty said to have been contravened or otherwise dealt with in the manner inconsistent with the constitution.
“This being so, even if this court is no precluded by Section 306 of the Administration of Criminal Justice Act, from staying proceedings there is no contingency upon which the stay being sought by the second defendant/applicant.”
Dasuki and others are being prosecuted on 22 counts of diversion of N19bn arms fund before Justice Affen.
His co-accused include a former Director of Finance and Administration in the Office of the NSA, Shuaibu Salisu, and a former Minister of State for Finance, Bashir Yuguda.
The others are a former Governor of Sokoto State, Attahiru Bafarawa, the ex-governor’s son, Sagir Attahiru, and a firm, Dalhatu Investment.
The EFCC is also prosecuting the ex-NSA and others on separate set of 19 counts of alleged diversion of N32bn arms fund before Justice Baba Yusuf.
Panic as militiamen, ex-militants invade Lagos Kess Ewubare 1 hour ago 28181 Share on Facebook Share on Twitter Send email – The recent surge in criminal activities in Lagos state is blamed on militiamen and ex-militants – Ex-militants lost their livelihood when President Muhammadu Buhari cancelled their pipeline protection contracts – The bandits now involve in crime as a profitable and less risky way of making easy money Share on Facebook Share on Twitter Niger Delta Militants President Buhari did not renew the pipeline protection contracts awarded to militia groups by the Jonathan administration which is partly blamed for the militant invasion of Lagos. Militiamen as well as ex-militants have invaded Lagos and are blamed for the rise in cases of kidnappings, robberies and other criminal activities in the state, according to intelligence reports from the police. READ ALSO: Deputy governor visits Babington Macaulay Junior Seminary Sources in the police and the Department of State Services (DSS) told the Punch that there are strong indications that some of the ex-militants are responsible for the recent upsurge of crime rate in the state after they lost their source of livelihood when President Muhammadu Buhari cancelled their pipeline protection contracts. The invasion by the ex-militants in Lagos is posing challenges to the police and other security agencies who are finding it difficult to control the proliferation of firearms in the possession of the renegade militiamen who have now turned to kidnapping and robberies as an alternative to make easy money. “Since abduction seems to be profitable and less risky, jobless ex-militants and militia group members seem to have found a lucrative business in the kidnapping of hapless citizens,” a senior DSS official said. Under the administration of Goodluck Jonathan, six companies were awarded contracts to guard pipelines belonging to the Nigerian National Petroleum Corporation (NNPC). The pipeline security and surveillance contract, said to have been worth N9.3bn, was carried out between March 15 and June 15, 2015. Some of the companies awarded the pipeline surveillance contract were owned by former Niger Delta militants, self-determination groups and prominent Nigerians including Government Tompolo Ekpumopolo, Mujaheedin Asari-Dokubo, Ateke Toms, Bipobiri Ajube and Ebikabowei Victor Ben (Boyloaf). Others are the company of the founder of Oodua Peoples Congress (OPC) Fredrick Fasehun and OPC national co-ordinator, Gani Adams. However, President Buhari did not renew the pipeline protection contracts awarded to OPC and other militia groups by the Jonathan administration. READ ALSO: Aggrieved mother of abducted Lagos school girl hospitalized Since then, Lagos state has witnessed series of robbery attacks between last year and now. There have also been cases of kidnapping, the latest being the abduction of three schoolgirls from the Babington Macaulay Junior Seminary, Ikorodu, on Monday, February 29. Meanwhile, the abductors of the three female students from the Babington Macualay Junior Seminary (BMJS), Ikorodu Lagos have reportedly reduced the ransom from 100 million to 20 million, This Day reports. This is just as the police in Lagos have deployed several sniffer dogs in search of the culprits and beefed up security in schools in Ikorodu owing to the unsuccessful attack on Owutu Government College by the same gang. The command has also deployed a newly acquired forensic laboratory vehicle to the scene to help analyse all clues recovered from the school. Likewise, the House of Representatives has mandated the inspector general of the police, Solomon Arase to intensify efforts towards the rescue of the three girls abducted from Babington Macaulay Junior Seminary School in Ikorodu, Lagos state. The resolution by the House was sequel to a motion on matters of urgent public importance entitled “Urgent need to seek the release of abducted female students of Babington Macaulay Junior Seminary School in Ikorodu” sponsored by Babjimi Benson on Wednesday, March 2.
Read more: https://www.naij.com/753540-panic-militants-invade-lagos.html
Read more: https://www.naij.com/753540-panic-militants-invade-lagos.html
Panic as militiamen, ex-militants invade Lagos Kess Ewubare 1 hour ago 28181 Share on Facebook Share on Twitter Send email – The recent surge in criminal activities in Lagos state is blamed on militiamen and ex-militants – Ex-militants lost their livelihood when President Muhammadu Buhari cancelled their pipeline protection contracts – The bandits now involve in crime as a profitable and less risky way of making easy money Share on Facebook Share on Twitter Niger Delta Militants President Buhari did not renew the pipeline protection contracts awarded to militia groups by the Jonathan administration which is partly blamed for the militant invasion of Lagos. Militiamen as well as ex-militants have invaded Lagos and are blamed for the rise in cases of kidnappings, robberies and other criminal activities in the state, according to intelligence reports from the police. READ ALSO: Deputy governor visits Babington Macaulay Junior Seminary Sources in the police and the Department of State Services (DSS) told the Punch that there are strong indications that some of the ex-militants are responsible for the recent upsurge of crime rate in the state after they lost their source of livelihood when President Muhammadu Buhari cancelled their pipeline protection contracts. The invasion by the ex-militants in Lagos is posing challenges to the police and other security agencies who are finding it difficult to control the proliferation of firearms in the possession of the renegade militiamen who have now turned to kidnapping and robberies as an alternative to make easy money. “Since abduction seems to be profitable and less risky, jobless ex-militants and militia group members seem to have found a lucrative business in the kidnapping of hapless citizens,” a senior DSS official said. Under the administration of Goodluck Jonathan, six companies were awarded contracts to guard pipelines belonging to the Nigerian National Petroleum Corporation (NNPC). The pipeline security and surveillance contract, said to have been worth N9.3bn, was carried out between March 15 and June 15, 2015. Some of the companies awarded the pipeline surveillance contract were owned by former Niger Delta militants, self-determination groups and prominent Nigerians including Government Tompolo Ekpumopolo, Mujaheedin Asari-Dokubo, Ateke Toms, Bipobiri Ajube and Ebikabowei Victor Ben (Boyloaf). Others are the company of the founder of Oodua Peoples Congress (OPC) Fredrick Fasehun and OPC national co-ordinator, Gani Adams. However, President Buhari did not renew the pipeline protection contracts awarded to OPC and other militia groups by the Jonathan administration. READ ALSO: Aggrieved mother of abducted Lagos school girl hospitalized Since then, Lagos state has witnessed series of robbery attacks between last year and now. There have also been cases of kidnapping, the latest being the abduction of three schoolgirls from the Babington Macaulay Junior Seminary, Ikorodu, on Monday, February 29. Meanwhile, the abductors of the three female students from the Babington Macualay Junior Seminary (BMJS), Ikorodu Lagos have reportedly reduced the ransom from 100 million to 20 million, This Day reports. This is just as the police in Lagos have deployed several sniffer dogs in search of the culprits and beefed up security in schools in Ikorodu owing to the unsuccessful attack on Owutu Government College by the same gang. The command has also deployed a newly acquired forensic laboratory vehicle to the scene to help analyse all clues recovered from the school. Likewise, the House of Representatives has mandated the inspector general of the police, Solomon Arase to intensify efforts towards the rescue of the three girls abducted from Babington Macaulay Junior Seminary School in Ikorodu, Lagos state. The resolution by the House was sequel to a motion on matters of urgent public importance entitled “Urgent need to seek the release of abducted female students of Babington Macaulay Junior Seminary School in Ikorodu” sponsored by Babjimi Benson on Wednesday, March 2.
Read more: https://www.naij.com/753540-panic-militants-invade-lagos.html
Read more: https://www.naij.com/753540-panic-militants-invade-lagos.html