Going by the trial of the former National Security Adviser (NSA) to ex-president Goodluck Jonathan, Col Sambo Dasuki (rtd) on illegal possession of firearms and corruption allegations, the unanswered question remains: how culpable is the erstwhile NSA?
The matter in court is that of illegal possession of firearms on which Dasuki was granted bail based on his health condition and allowed to travel out of the country for medical check-up before many other issues cropped up.
In its official statement dated, August 24, 2015, the Department of State Service (DSS) issued an official statement signed by one Tony Opuiyo, stating that the service carried out a search of properties belonging to Dasuki on July 16, 2015, in Abuja and Sokoto. It said “the action was necessitated by credible intelligence which linked him to acts capable of undermining national security. The search operation led to the recovery of large cache of arms and ammunition, among other things, and for which further investigation was conducted.” In another statement, the DSS claimed Dasuki’s action was treasonable.
However, while arraigning Dasuki in a Federal High Court on September 1, 2015, DSS accused the ex-NSA on a one-count charge of illegal possession of firearms, instead. After pleading not guilty and based on the request of his counsel and no objection by the prosecutors, the Judge granted bail to Dasuki on self-recognition because the offence was bailable.
Meanwhile, on the second hearing of the case on October 26, 2015, Justice Ademola Adeniyi of the Federal High Court, expressed surprise at the decision of prosecution counsel to bring additional charges against Dasuki on a day set aside for definite hearing of the one-count charge preferred against him after the secret police had claimed in a previous affidavit of “completed investigation” on Dasuki.
M.S. Labaran, appearing for the prosecution, announced instead that the one-count charge was now being expanded to include additional charges of possession of local and foreign currency in Abuja and in the family house of Dasuki in Sokoto. He also requested that the trial be conducted in secrecy by providing special cover for witnesses from using public routes; use of private witness room; use of facial masks; and also that only accredited members of the press be allowed to cover the trial.
Dasuki vehemently opposed the secret trial preferring for open court trial for the benefit of the public. His lawyer, Mr. J. B. Daudu (SAN), argued that the case is harmless within a democratic setting and does not warrant secret trial. Daudu said that even during military rule, trial of that nature was held open. He insisted that in a democratic era, the entrenchment of rule of law will be the greatest casualty if trial of this nature is made in secret.
On November 3, 2015, The Federal High Court granted Dasuki’s application for medical treatment abroad. Justice AdemoIa held that in criminal trial an accused person is assumed innocent until proven guilty and that a citizen’s health is very paramount in any trial case and before the law.
On November 5, 2015, when Dasuki was to travel for medical treatment, the operatives of DSS laid siege around his house in Abuja insisting that he was being invited by the Panel Investigating Arms procurement. Dasuki denied ever receiving any invitation letter to appear before the committee investigating the arms procurement. Dasuki added that it was strange that a committee purported to be operating from the Office of the National Security Adviser could have transferred its mandate to the DSS. He therefore sued the federal government over alleged threat to his life and sought enforcement of his fundamental human rights to dignity and security of his life.
The men of the DSS have remained vigilant in the residence of the former NSA in Abuja, denying him the opportunity to travel or go to the mosque to pray.
The major bone of contention came from the Presidency when Presidential spokesperson, Femi Adesina, in a lengthy official statement, said President Muhammau Buhari has ordered the arrest of Dasuki for allegedly siphoning billions of dollars earmarked for arms purchases. He observed that the actions of the erstwhile NSA brought the nation to international ridicule as the failure to procure the arms incapacitated the military in the face of the insurgency orchestrated by the Boko Haram sect.
He said the order was also extended to several others who were found culpable in the saga, but whose names were not provided. The development followed the release of the interim report by the presidential committee investigating arms procurement. The President on August 31 set up the 13-man committee under the chairmanship of AVM John Ode (rtd), to audit the procurement of arms and equipment in the Armed Forces and Defence sector from 2007 to date.
The statement further said that Dasuki expended $2,193,815,000.83 on arms, a figure he said did not include grants received by the police and the Department of State Services, DSS, from state governments.
The statement read thus: “As part of the findings, the committee has analyzed interventions from some organizations that provided funds to the Office of the National Security Adviser, Defence Headquarters, Army Headquarters, Naval Headquarters, and Nigerian Air Force Headquarters, both in local and foreign currencies.
“So far the total extra budgetary interventions articulated by the committee is N643,817,955,885.18.
“The foreign currency component is to the tune of $2,193,815,000.83.
“These amounts exclude grants from the state governments and funds collected by DSS and Police. It was observed that in spite of this huge financial intervention, very little was expended to support defence procurement.
“Interestingly, it was noted that the amount of foreign currency spent on failed contracts was more than double the $1bn loan that the National Assembly approved for borrowing to fight the insurgency in the North East. “The committee also discovered that payments to the tune of N3, 850,000,000.00 were made to a single company by the former NSA without documented evidence of contractual agreements or fulfilment of tax obligations to the Federal Government.
“Further findings revealed that between March 2012 and March 2015, the erstwhile NSA, Lt Col MS Dasuki (rtd) awarded fictitious and phantom contracts to the tune of N2,219,188,609.50, $1,671,742,613.58 and €9,905,477.00. The contracts which were said to be for the purchase of four Alpha Jets, 12 helicopters, bombs and ammunition were not executed and the equipment were never supplied to the Nigerian Air Force, neither are they in its inventory.”
Responding swiftly to the allegations in press release, Dasuki said all contracts and accruing payments were with the approval of the President and Commander-In-Chief of the Armed Forces after due process in line with regulations guiding arms procurement for the Armed Forces and that the relevant services had, in writing, acknowledged delivery of equipments. For all procurements, the Nigerian Army, the Air Force and the Nigerian Navy have their contractors.
He also debunked allegations that his office executed all defence budget by saying that “All the services generated the types of equipment needed, sourced for suppliers most times and after consideration by the Office of the NSA, the President will approve application for payment. For sensitive sectors (military/security), there was no room for awarding fictitious contracts”.
To support his argument, Dasuki went ahead to quote dates and references of some of the procurements. He categorically stated that: “It is laughable for the panel to assume that 4 Alpha jets and 12 helicopters were undelivered. In a memo to the Office of the National Security Adviser (ONSA), referenced NAF/905/D/CAS of November 28, 2014, the immediate past Chief of Air Staff, Air Chief Marshal Adesola Amosu acknowledged the receipt of the 4x Alpha jets attack aircraft and the helicopters. On 10/21/14, the Chief of Air Staff also confirmed the receipt of F-7 N1 aircraft combination of 250kg bombs and accessories at $2,894,000 with the cost of freight at $1,200,000. The same Air Force confirmed getting 2xTri Shield 36DG Tactical radars.”
The former NSA also quoted another letter of December 1, 2014 signed by L.S. Alao (on behalf of the Chief of Air Staff) of the Air Force stating that the Air Force received five containerized fuel storage and dispensing units with equipment. The Nigerian Army too wrote the ONSA to acknowledge the delivery of 14 armoured tanks. In a December 13, 2014 memo, the Brigade of Guards thanked ONSA for releasing N30m for RCA, Operation allowance for Troops on Op Urban Sweep II for third and fourth quarters of 2014. This is apart from the installation of CCT Cameras at the Brigade Headquarters, 2 backscatter bomb detection vans and other equipment.
Dasuki admitted that he submitted a comprehensive list of all requests for procurements by the services, the items bought and those equipment being awaited to President Buhari long before he (Dasuki) left office. “If there were issues, I should have been questioned. I was just the clearing house, I did not award contracts to my company or proxies. There was no contract awarded or equipment bought without approval from the then President and Commander-In-Chief. I am not a thief or treasury looter as being portrayed.”
To ensure maximum impact of his message, Dasuki added that “I have a lot to tell Nigerians but in the interim, they should not believe some of the allegations as the gospel truths. The good thing is that some of the key actors in the present administration were parts of the past process being viciously challenged.”
Responding to the allegation that his government awarded a contract in the range of $2 billion, former President Goodluck Jonathan at a forum in Washington DC, on Thursday, November 19, 2015, said; “I did not award any $2 billion contract for procurement of weapons”. Mr. Jonathan categorically queried “Where did the money come from?” and repeating emphatically that “I did not award a contract of $2billion for procurement of weapons.”
The former president was speaking at an event titled: “Presidential elections and democratic consolidation in Africa: Case studies on Nigeria and Tanzania”.
The session was co-hosted by the National Democratic Institute (NDI) and the Center for Strategic and International Studies (CSIS), with Jonathan as the sole speaker.
Jonathan touched on the contract issue after he stated that he was aware of allegations of huge sums of money that were said to be missing from the Nigerian treasury, but he claimed that some of the figures mentioned are not believable. “Sometimes, I feel sad when people mention these figures,” he added.
Speaking pointedly about his successor, President Jonathan said, “When the president (Buhari) paid official visit to the US, there were some figures that were mentioned that I don’t believe.”
He drew attention to figures like the $150 billion alleged to have been stolen in previous Nigerian administrations, but Mr. Jonathan scoffed at the probability of “$150 billion American money” being missing and “Americans will not know where it is,” adding that at any rate, President Buhari did not accuse his administration.
“He didn’t say my government, he said previous administrations… “$150 billion is not 150 billion Naira,” he stated, suggesting, “People play politics with very serious issues.”
The former president was equally dismissive of people who alleged that the sum of $59.8 million was misappropriated within a 12-month period while he was in office.
“In Nigeria, if you lose $59.8 million in a year, federal and state governments will not pay salaries,” he said, adding that there is no way Nigerian budget can accommodate such a loss without the country coming to a standstill.
“Of course we brought international audit teams, forensic auditors and they didn’t see that,” he said.
The former President said he does not want to join issues with the new government, “I wanted to keep away from the public for at least twelve months.”
Meanwhile, the new Attorney General of the Federation (AGF) and Minister of Justice Mr. Abubakar Malami, who failed to appear in court to explain the siege laid on the residence of Dasuki by security operatives in spite of the bail granted him by the court, sought revocation of bail granted Dasuki and imprisonment afterwards.
The ground of the motion was that Dasuki was undergoing investigation by the Committee Auditing Procurement of Arms in the Armed Forces and Defence Sector between 2007 till date. However, following the vehement objection raised against the fresh government motion by Dasuki’s lawyers, Justice Adeniyi Ademola adjourned the matter to Thursday, November 26, 2015.
The unanswered question that only the courts can answer based on evidences presented by both prosecution and defence remains: how culpable is the former NSA?
-Leadership