The Economic and Financial Crimes Commission (EFCC) has re-arraigned former National Security Adviser (NSA) Sambo Dasuki and three others before FCT High Court in Abuja over an alleged N33.2 billion arms procurement fraud.
Mr Dasuki, who served under former President Goodluck Jonathan, was re-arraigned alongside a former General Manager at the Nigerian National Petroleum Corporation (NNPC), Aminu Baba-Kusa; Acacia Holdings Limited; and Reliance Referral Hospital Limited.
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In a statement by the EFCC on Wednesday, their re-arraignment took place before Judge Charles Agbaza, following the reassignment of the case by the FCT Chief Judge, Hussein Baba-Yusuf.
Background
Mr Dasuki was initially arraigned on 14 December 2015 before Mr Baba-Yusuf on 19 counts involving the alleged mismanagement of N15.5 billion meant for arms procurement.
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The case was later amended, and the name of a co-defendant, Shuaibu Salisu, a former Director of Finance and Administration in the Office of the National Security Adviser (ONSA), was removed for him to serve as a prosecution witness.
On 11 May 2018, the EFCC re-arraigned Mr Dasuki and others on a fresh 32 counts increasing the alleged misappropriated sum to N33.2 billion.
The trial, however, stalled after the prosecution presented only one witness—the investigating officer—who had not concluded his testimony before the case was indefinitely adjourned.
The EFCC had also filed a separate case against Mr Dasuki in 2015, where he was charged alongside former Minister of State for Finance, Bashir Yuguda; former Sokoto State Governor, Attahiru Bafarawa; his son, Sagir Bafarawa; and their company, Dalhatu Investment Limited.
They were accused of criminal breach of trust and misappropriation of N19.4 billion.
Following several adjournments, the case was transferred to a judge, Yusuf Halilu.
Fresh arraignment and charges
At the resumed hearing on Tuesday, Mr Dasuki and his co-defendants pleaded not guilty to the 32 counts read to them.
The charges include criminal breach of trust, dishonest misappropriation, and money laundering.
Some of the counts detail how funds were allegedly diverted from the Office of the National Security Adviser (ONSA) to private entities and political activities.
Key charges
In count one, the antigraft agency alleged that on 27 November 2014, Mr Dasuki misappropriated N10 billion from the ONSA account with the Central Bank of Nigeria (CBN).
EFCC said he converted it into $47 million and 5.6 million euros. The funds were allegedly used for the People’s Democratic Party (PDP) presidential primary election.
In count five, EFCC alleged that between 9 October 2014, and 17 April 2015, Mr Dasuki transferred N1.45 billion to Acacia Holdings Limited, controlled by Aminu Baba-Kusa, under the guise of organising prayers.
Meanwhile, in another count, EFCC stated that between 4 April 2014, and 30 November 2014, Mr Dasuki allegedly transferred N4.68 billion to Sylvan McNamara Limited, purporting it to be payment for security infrastructure, whereas the funds were allegedly diverted for PDP’s gubernatorial campaigns in Ekiti and Osun States.
Court proceedings
Following the defendants’ not guilty pleas, EFCC counsel Oluwaleke Atolagbe requested the court to fix a trial date.
However, defence lawyers A.A. Usman (representing Mr Dasuki) and Richard Ibiye (representing Mr Baba-Kusa) urged the court to allow their clients to remain on their existing bail, emphasising that they had consistently attended court proceedings.
The prosecution did not oppose the request but insisted that the defendants must be available for the trial.
Mr Agbaza ruled in favour of the defence, permitting Mr Dasuki and his co-defendants to continue on their existing bail conditions.
The court then adjourned the matter to 1 July, for the commencement of trial.
History of adjournments and bail controversy
The trial has suffered multiple adjournments, largely due to the State Security Services (SSS) refusing to release Mr Dasuki on bail despite multiple court orders.
Mr Dasuki’s case is one of Nigeria’s longest-running high-profile corruption trials, reflecting systemic delays in the country’s judicial system.
Mr Dasuki, a retired Nigerian Army colonel, served as NSA between 2012 and 2015 during the administration then-President Goodluck Jonathan. It was a period of virulent Boko Haram attacks in the Nigeria’s North-east.
An audit panel set up by the administration of President Muhammadu Buhari, who came to office after defeating Mr Jonathan in the 2015 presidential election, revealed that about $2 billion entrusted in the office of the NSA then led by Mr Dasuki for procurement k could not be accounted for.
The EFCC, which instituted multiple charges against diverse persons who received fund from the NSA office, alleged that the arms funds were doled out to friends, relatives, political allies, particularly members of the then-ruling Peoples De.ocratic Party for purposes unrelated to purchase of arms.
Mr Dasuki’s prolonged detention despite bail repeatedly granted by trial courts had drawn criticism from human rights groups, including Amnesty International and the United Nations Human Rights Committee, who classified it as a violation of his fundamental rights.
