Dasuki's third bail application gets dismissed

On Tuesday, A Federal High Court in Abuja  dismissed an application by the immediate past National Security Adviser, Col. Sambo Dasuki (retd), seeking an order discharging him of charges preferred against him and another order prohibiting the Federal Government from further prosecuting him.

Justice Adeniyi Ademola, in a ruling, held that the application lacked merit as same contained prayers that were not granted by any court.

The Tuesday’s ruling was the third after two previous rulings of two other judges of the Federal Capital Territory High Court in Maitama, dismissing similar applications which was filed by Dasuki in respect of two sets of separate charges preferred against him before the judges.

However, Justice Ademola in a separate ruling on Tuesday, dismissed a separate application by the Federal Government seeking protection of its 11 listed witnesses ‎whom it said were afraid of appearing to testify in the case for fear of reprisal.

He held that the prosecution failed to establish the grounds for granting such application asking for permission to shield the identities of their witnesses during trial.

The Federal Government is prosecuting Dasuki before the court on four counts of money laundering and illegal possession of firearms.

Dasuki however filed the application dated February 11, 2016, asking the court to prohibit the Federal Government from prosecuting him and discharge him of the alleged crimes on the basis that the Federal Government had disobeyed the orders granting him bail and permitting him to embark on a medical trip abroad.

He claimed that his continued detention in the custody of the Department of State Service since December 29, 2015,‎ amounted to the Federal Government being in contempt of the court order of the court granting him bail on September 1, 2015 and another granting him permission on November 3, 2015 to travel abroad for medical treatment.

The judge in dismissing the application held that the defence lawyers, Messrs Joseph Daudu and Ahmed Raji, both Senior Advocates of Nigeria, had failed to ‎follow the laid down procedure through which the court would be able to make findings on whether the prosecution was in contempt of the court orders.

The judge, who described Dasuki’s application as strange, also held that no court in Nigeria could either compe‎l the Federal Government to prosecute a suspect or prohibit it from prosecuting an accused person.

He also held that it was too early in the day to make an order discharging the accused when his trial had yet to commence.

Source; Punch...

He had earlier pleaded not guilty to the charges. At the resumed hearing of the case, the EFCC witness, who was led in evidence by prosecution counsel Rotimi Jacobs (SAN) said Saraki bought the properties through his companies. He said investigation revealed that House No. 15, Macdonald Street, Ikoyi, Lagos and Block 15, Flat 1 to 4 of the same street belonged to Saraki. According to him, the senate president bought the properties from the Presidential Committee on Sale of Federal Government Landed Properties in Lagos through his companies. He added the defendant made a bank draft in the name of TYNITY Company limited, which he declared in the Asset declaration form. He noted that when the EFCC investigation team wrote to the presidential committee seeking clarification, the committee said that from their records, the only property sold to the company was No. 15, Macdonald Street, Ikoyi. Wetkas said 75 per cent, which amounted to N123.7million was paid for House No. 15, Macdonald Street, Ikoyi, through a bank draft from the account of one of Saraki’s company called Skyview properties limited in Access Bank. He also said that investigation revealed that the defendant made a bank draft through his company TYNITY and paid for House No. 17, Macdonald Street in Ikoyi, Lagos in the sum of N256.3million. “My lord, there was a draft of N12.8 million and another draft of N20 million from Zenith Bank, as well as a draft of N4 million from GTBank as part of payment for the purchase of House No. 17, Macdonald Street. “The N20 million draft came from Carlys properties and Investment Limited and a draft of 136.1 million was made on Jan. 13, 2007 for the purchase of same property. “Another draft of N180.6 million was made through Saraki`s personal bank account in GTB.’’ The prosecution tendered a total of 43 exhibits, which were admitted in evidence. The Chairman of the tribunal, Justice Umar Danladi, then turned down a request by Saraki’s lawyer, Kanu Agabi (SAN), asking for daily records of proceedings of the court. In his argument, Danladi said the request would not be possible because it would over burden the registry of the court and that the law required defence to apply within a specific time and not daily. However, a mild drama ensued when Agabi urged the tribunal not to further fix trial dates at a time when Senate was having plenary. The tribunal, however, overruled his submission, saying it was the defendant that was facing trial and not the Senate.

Read more at: http://www.vanguardngr.com/2016/04/saraki-used-different-bank-drafts-buy-properties-lagos-efcc-witness/

Read more at: http://www.vanguardngr.com/2016/04/saraki-used-different-bank-drafts-buy-properties-lagos-efcc-witness/