Dasuki Re-Arrest; No Court Order was Disobeyed! Says High Court Judge

Neither the Federal Government nor the Economic and Financial Crimes Commission (EFCC) is in disobedience of any order of the court by re-arresting ex-National Security Adviser (NSA) Mohammed Sambo Dasuki, a court has said.

A High Court of the Federal Capital Territory (FCT), Abuja yesterday ruled that it was wrong for Dasuki to accuse the Federal Government and the EFCC of violating the order granting him bail when there was evidence that he was only arrested after he had earlier been released from the prison upon his meeting the bail conditions.

The ruling delivered by Justice Husseini Baba Yusuf was on an application by Dasuki, in which he had sought, among others, an order restraining the EFCC from proceeding with his prosecution and an order quashing the charge against him.

Dasuki had, through his lawyers, Joseph Daudu (SAN) and Ahmed Raji (SAN), urged the court not to indulge either the Federal Government or the EFCC by proceeding with Dasuki’s trial on the ground that its agency had rearrested Dasuki after the bail earlier granted him.

Dasuki is being tried with a former Director of Finance and Administration, Office of the National Security Adviser, Shuaibu Salisu, a former General Manager, Nigerian National Petroleum Corporation (NNPC), Aminu Babakusa and two companies – Acacia Holdings Limited and Reliance Referral Hospital Limited  – on a 19-count charge bordering on money laundering and criminal breach of trust.

Justice Yusuf dismissed Dasuki’s application on the ground that it lacked merit.

The judge, who read out the orders made by the court on December 18 last year, granting bail to the ex-NSA, rejected Dasuki’s claim that the order was violated by virtue of his re-arrest by the Department of State Services (DSS).

He said the court never restrained the complainant (EFCC) from re-arresting the 1st defendant (Dasuki) after his release from prison. He added that since Dasuki admitted that he was released from prison on January 29, having met the bail condition, it was not the court’s business that he was rearrested by another agency of the Federal Government – the DSS – who is not a party to the case.

The judge said his order granting bail to the ex-NSA was not against his re-arrest and that the EFCC could not be blamed for the action of the Federal Government even when they were both Federal Government agencies.

From paragraphs 6 and 7 of affidavit in support of this application, it is clear that after the first defendant/applicant satisfied the terms in Exhibit ‘Dasuki 2’, he was released from from Federal prisons on December 29, 2015. At this point, the order of the court, as far as I am concerned, which was directed at the Comptroller of Prisons, was in my view complied with.

“If the EFCC rearrested the first defendant thereafter, it makes, subject to the circumstances of such arrest, an interference with due administration of justice but it cannot be a disobedience to the order of the court to release the applicant on bail and the reason is because in making the order of bail in favour of the first defendant this court did not make any order against a re-arrest.

“However, the prosecution has debunked assertion that they rearrested the first defendant after his re-arrest from prison and stated that the first defendant is in the custody of Department of State Security Service. I do not agree that because the DSS and the prosecuting EFCC are agencies of the Federal Government, the act of one can be attributed to the other.

“The two agencies are creation of the Constitution with different laws guiding their operations and functions. The argument of Mr. J.B Daudu (SAN) that the agencies act on behalf of the Federal Government and that the agencies act on behalf of the Federal Government and the roles the same agencies played, and that the Federal Government is liable for their action and omission does not impress me.

“The fact that they prosecute on behalf of the Federal Government, is merely to aid the due administration of criminal justice. The agencies have separate identities and personalities vested in each to own property and to maintain action in court of law.

“It is my view that the relationship ascribed by the senior counsel (Daudu) to the Federal Government and its agencies, if accepted, will work greater damage to due administration of justice and otherwise.

“In my view, the approach that suits the approach of this case is for the 1st defendant, having been told that he is being held by a stranger in this case before this court, is to apply for the enforcement of his fundamental rights to personal liberty pursuant to personal liberty under section 46 of the 1999 Constitution.

“Having come to the conclusion that the complainant in this case is not in contempt of my order of December 18, 2015, there is no need for me to consider the arguments of parties which were canvassed in respect of the need or otherwise to stay proceedings in this case.

“At the end, it is my view that the application, filed on behalf of the first defendant, does not have any merit and I hold so. I therefore dismiss same,” Justice Yusuf said.

At the end of the judge’s ruling, prosecution lawyer Oluwaleke Atolagbe, asked the judge for a date for the commencement of trial.

Ahmed Raji (SAN), who represented Dasuki, objected to a date for the commencement of trial. He said his client was unable to prepare for trial because he was allegedly denied access to his lawyers.

Raji urged the court to give a date long enough to enable the ex-NSA get over his current inability to meet with his legal team in view of his current incarceration by “a stranger in this case”.

Justice Yusuf adjourned till March 23 for trial.

Source: The Nation

Telegraph interview with President Muhammadu Buhari of Nigeria - full Q&A

Nigeria's president Muhammadu Buhari gave an exclusive interview to the Daily Telegraph last week. Here is the full record of his remarks.

Are you willing to talk to Boko Haram about the missing Chibok schoolgirls?

"As long as we can establish the bona fides of the leadership of Boko Haram, we are prepared as a government to discuss with them how to get the girls back. But we have not established any evidence of a credible leadership."

Is Abubakr Shekau still the leader of Boko Haram?

"I receive conflicting information about the status of Shekau. Some say he has been removed and replaced by a less charismatic terrorist leader.

"I think he must be on the run, because out of the 14 local government districts that Boko Haram used to call their caliphate, they now do not control any now. They are scattered around the Sambisa forest and they have resorted to attacking soft targets, people in churches, mosques and market places, and using improvised explosive devices."

Are you seeking any further help from the West in the fight against Boko Haram?

Continue reading here...http://www.telegraph.co.uk/news/worldnews/africaandindianocean/nigeria/12146155/Telegraph-interview-with-President-Muhammadu-Buhari-of-Nigeria-full-QandA.html

Tariff hike: NLC, TUC shut Kaduna DISCO

The Nigeria Labour Congress (NLC) and Trade Union Congress (TUC) on Monday joined their counterparts across the country to protest the 45 per cent hike  in electricity tariff by the Nigerian Electricity Regulatory Commission (NERC), as they shut the Kaduna Electricity Distribution Company.

The labour unions stormed the zonal headquarters of the electricity firm as early as 7:00am and locked the gate.

The union members, who chanted solidarity songs in between speeches, vowed to continue the protest until Federal Government reverses the increment.

The  former Deputy President of the NLC, Comrade Issa Aremu, who led the labour unions in the state to picket the company, said it became necessary after all efforts to make the federal government to  shelve the the increment failed.

According to him, Nigerians are paying more than they consume for electricity supply and wondered why the federal government should increase the tariff when the supply has not improved.

Source: The Nation

Oliseh blasts: I was begged to accept Eagles’ job

OLISEH

Sunday Oliseh has for the umpteen time declared he never lobbied for the Super Eagles job but has continued to face criticism from individuals with vested interest.

The 41-year-old Coach, who also captained the national team stressed he remains patriotic.

“I didn’t beg for this job, I didn’t even want this job. I refused it twice and it took the intervention of a highly respected friend of mine; who was in government, for me to concede and take this job.”

“I took it not to serve special interests, I took it to serve Nigerians, and if there’s one thing I know that my people know; forget the critics, is that I am patriotic.”

Speaking on his performance as Eagles gaffer,the 41-year-old insists the current Eagles coaching crew have done well, keeping the team in contention for the 2017 Afcon and 2018 World Cup.

"A contract is made out, We signed a contract; myself and the NFF. If you’re not happy about it, we’ll come and we’ll shake hands.

“But I’ll like to remind you that this is the 14th game I have been in charge of the Super Eagles and we’ve lost only two; and only one official game.

“We’re still on track to qualify for the Nations Cup, we have qualified into the group stage for the World Cup, so where is this failure that some of our critics are trying to sell to Nigerians.”

“Unless you mean that for Coach Sunday Oliseh and his crew to be successful they must win every match, Jesus Christ! even the world Champions Germany are not doing that – talk less of us that is a brand new team that we’ve just started building just for some months now.”

Source: The Nation

Chibok schoolgirls gone forever, Soyinka cannot be trusted says Obasanjo

•Says Soyinka cannot be trusted

It is too late to bring back the over 200 abducted Chibok girls, former President Olusegun Obasanjo declared yesterday.

He stated that any of the nation’s leaders promising the return of the teenage girls is simply lying.

Obasanjo spoke at an interactive programme of the Obafemi Awolowo University, Ife Staff Club tagged Reflections of an elder statesman: An evening with OBJ.

He declared emphatically that searching for the Chibok girls will amount to an effort in futility because “nobody can bring back the girls for they are nowhere to be found.”

According to him: “So if any leader is promising to bring back Chibok girls, he is lying. Majority of these girls would have died, while those alive would have married, sexual violence and human traffic would have affected others.

“Nigerian leaders should stop deceiving the populace as Chibok girls cannot return again.

“The disappearance of the Chibok girls is as a result of non challant attitude of the previous leaders who did not swing to action immediately, which constituted impediment to their return.

“72 hours after the Chibok girls were adopted was too late for their rescue, talk less getting to two years by April.”

On his celebrated ongoing feud with Nobel Laureate, Prof. Wole Soyinka, the former president, said the acclaimed writer cannot be trusted.

He said: “I will trust Wole Soyinka as an “aparo hunter” (partridge hunter) than trusting him as a political analyst. I have no issue with him.”

On why he refused as President to release fund appropriated by the National Assembly for its members, Obasanjo said: “You don’t know so many things that transpired during my administration. So many things were not resolved, so don’t attack my intelligence and personality.”

On the fate of political Science graduates in mainstream politics, the former President advised them not to rely on godfatherism but work hard to gain grounds.

He said he did not have any godfather, maintaining that politicians get “their hands dirty and their feet wet” before major opportunities come their ways in politics.

“You have to get your hands dirty and your feet wet in politics before you can make it. So, I admonish you (students) to work hard in order to gain ground and not rely on godfatherism because I never had any godfather,” he said.

Obasanjo, who commended President Muhammadu Buhari for fighting corruption, charged Nigerians to support him to succeed.

Source: The Nation