Arms deal: EFCC may file fresh charges against ex-NSA Dasuki, others

The Economic and Financial Crimes Commission (EFCC) may file fresh charges against the former National Security Adviser (NSA), Sambo Dasuki, and some of the accused persons already granted bail by the High Court of Justice of the Federal Capital Territory (FCT), it has been gathered.

A court has granted Dasuki bail. But, he may return to the custody of the Department of State Services (DSS) for “security reasons”, a source told National Daily.

Justice Peter Affen of the FCT High Court on Wednesday granted bail to Dasuki, ex-Minister Bashir Yuguda, ex-Office of the National Security Adviser (ONSA) Director of Finance Shuaibu Salisu, Sagir Attahiru and ex-Governor Attahiru Dalhatu Bafarawa.

Following his inability to meet one of his bail conditions, the former NSA was taken to Kuje Prison. It was learnt that Dasuki could not get a surety who should deposit the original title deeds of a property or properties owned by him, which must be worth N250million, being the amount of the consideration for his bail.

While Dasuki was trying to meet the bail conditions, there was anxiety following plans to re-arrest him by EFCC.

It was gathered that the plans became obvious on Wednesday night when some operatives opposed Salisu’s release because of another pending matter.

It took the intervention of a Senior Advocate of Nigeria before Salisu regained freedom.

The fate of Dasuki, however, created anxiety for his counsel, family, friends and associates last night, following moves to return him to DSS custody for “security reasons”.

A source in EFCC, who spoke in confidence, said: “We will obey court order to release Dasuki on bail but we may only return him to DSS custody because he was on remand warrant of a Chief Magistrate’s Court, which was obtained by the DSS, when we asked the agency to make him available to us for prosecution.

“I think the remand warrant may have to do with security issues beyond our purview.

“In line with inter-agency cooperation, we took custody of Dasuki from the DSS, we will return him there. It is left to Dasuki to approach another court to vacate the remand warrant got by the DSS.

“Also, we are likely to arraign Dasuki and some of the accused persons in another court for different charges. The case against these accused persons has many dimensions.”

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When contacted last night, Mr. Ahmed Raji (SAN) said: “It will be improper and contemptuous of the court to re-arrest Dasuki. Justice Peter Affen was explicit in issuing an order that neither Dasuki nor any of the accused persons should be re-arrested. Even if the order is not there, you don’t re-arrest someone already on trial.

“In two courts in the FCT, they have been granted bail and the EFCC has been served with the order. The essence of the bail is to guarantee their attendance at the trial

“To re-arrest or detain Dasuki or any of the accused persons will look like you are ridiculing the court.”

On the likely release of Dasuki to DSS, Raji said: “There is no remand warrant for Dasuki . You use remand warrant from a Magistrate’s Court when a matter is under investigation. The moment you arraign accused persons in court, the warrant becomes otiose and irrelevant.

“It is the EFCC that is investigating the accused persons; the same agency arraigned them in court and now that they have been granted bail, it should release them.

“Are they saying that they will return Dasuki to the DSS so that he will not be able to go for trial? We should not ridicule the court in any manner.”

Justice Affen on Wednesday banned the EFCC from re-arresting Dasuki, Yuguda, Salisu, Sagir Attahiru and Bafarawa.

The order of the court followed the granting of the application for bail by counsel to the defendants, including Peter Akper(SAN); Ahmed Raji( SAN); Dr. J. O. Olatoke(SAN); H.O. Afolabi(SAN) and A.U Mustapha.

Justice Affen said: “It is ordered as follows: 1st( Bashir Yuguda), 2nd(Mohammed Sambo Dasuki), 3rd( Shuaibu Salisu), 5th Sagir Attahiru and 6th (Attahiru Bafarawa) defendants are hereby admitted to bail in the sum of N250million only with two sureties in the like sum, one of whom shall be a serving or retired public servant not below the status of a director in the public/ civil service of the Federation or any of the states of the Federation or any of their agencies and shall produce a valid documentation of his/ her status to the Registrar of this court.

“Each surety shall produce two recent passport-sized photographs and depose to an affidavit of means certifying that he has the financial wherewithal to discharge and forfeit the recognisances for the bail herein granted in the event that the Defendant on surety jumps bail and / or escapes from Justice.

“One of the two sureties shall produce and deposit the original title deeds of a property or properties owned by him and situate within the Federal Capital Territory, Abuja which, when evaluated by an Estate Surveyor duly licensed by the Nigerian Institute of Estate Surveyors and Valuers (NIESV) shall on the aggregate be worth the sum of N250million being the amount of the consideration for the bail granted herein.

“The sureties shall be resident within the jurisdiction of this Court and their physical residential addresses shall be verified by the Registrar of this Court.

“The sureties shall be resident within the jurisdiction of this Court and their physical residential addresses shall be verified by the Registrar of this Court.

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“During the continuance of the bail herein granted, in the event that the personal attendance of the defendants or any of them shall be required by the complainant for purposes of further investigation, they or he shall be required to appear between the hours of 9 o’clock in the forenoon and 6 o’clock in the evening and be allowed to return home the same day.

“In the event that their or his appearance shall be required at any other time outside the period aforesaid, this shall only be on the orders of a Superior Court Record.

“The orders herein contained are hereby expressly made subject to such further order(s) as may become necessary during the continuance of the bail herein granted.

“The 1st(Bashir Yuguda), 2nd(Mohammed Sambo Dasuki), 3rd(Shuaibu Salisu), 5th Sagir Attahiru and 6th (Attahiru Bafarawa)shall in the interim be remanded in the custody of the Nigerian Prison Service, FCT Command and shall only be released upon a Release Warrant issued by this Court upon being satisfied that the conditions herein contained have been complied with.

“In the unlikely event that the defendants (or any of them) are still in the custody of the Nigerian Prison Service by reason of inability to comply with or perfect the conditions upon which they are being admitted to bail, they shall be produced before this court on the date(s)fixed for trial.”