‘Big men’ arrested under Buhari
The fight against corruption, which has been borrowed by many state governors using federal security apparatus, has shoved many politicians, senior military officers and technocrats into various cells. Though most of the accused are now out of incarceration on bail
Hamza Idris, Ronald Mutum, John Chuks Azu (Abuja), Aliyu M. Hamagam (Dutse), Hope Abah (Makurdi), Maryam Ahmadu-Suka (Kaduna)
This month marks the second anniversary of President Muhammadu Buhari’s ascension to power on May 29, 2015 after a tortuous political campaign on the crest of fighting corruption, insecurity and revamping the economy.
A former Deputy Director at the National Intelligence Agency, Ibrahim Ibrahim, said new laws must be put in place to succeed in the fight against corruption. “The laws in Nigeria relating to corruption are characterised by many loopholes which give room for corruption to take place… the penalties are too soft and they encourage corruption. Acts 6 and 7 of the EFCC legal instruments should be changed. Why should somebody who stole about $50 million be jailed for only five years? A person who stole a goat may still get five year jail term.”
Ibrahim added: “The burden of proof should be on the accused and not the prosecuting agency. That’s how it should be if we want to deal with corruption in Nigeria, because we can’t deal with it the way things are now. We can only do half-done job.”
The fight against corruption, which has been borrowed by many state governors using federal security apparatus, has shoved many politicians, senior military officers and technocrats into various cells. Though most of the accused are now out of incarceration on bail, we look at some of the ‘big men’ who have experienced life in detention, at a time when lawyers and security experts are calling for new laws that would reduce encumbrances hampering prosecuting of corruption cases in Nigeria.
Landmark conviction with Ngilari
The anti-graft crusade of President Muhammadu Buhari scored a major goal in March, this year when a former governor of Adamawa State, James Bala Ngilari was surreptitiously investigated, taken to court where he was found guilty and sentenced for five years by a Federal High Court.
The unprecedented ruling by the court in Yola, presided over by Justice Nathan Musa, ruled that the prosecution had proved beyond reasonable doubt that Ngilari violated the Public Procurement Act of the state by awarding contracts for the procurement of 25 vehicles for his commissioners at the cost of N167 million without following due process.
Ngilari was found guilty of corruption charges brought against him in September last year by the Economic and Financial Crimes Commission (EFCC).
The judge said Ngilari’s action “amounted to executive lawlessness,” adding that the five years were the least he could give Ngilari, whose lawyer, Mr. Samuel Toni (SAN), pleaded for leniency “in view of [Ngilari’s] invaluable contribution while he was the governor of the state during the trying moments of insurgency.”
The judgement was indeed a breakthrough even though Ngilari was later granted bail to attend to his health.
Ex- Gov Lamido’s two days in Kiyawa Prison
The former governor of Jigawa State, Alhaji Sule Lamido was earlier this week remanded at the Kiyawa Prison over alleged “inciting statements” ahead of local government elections in Jigawa.
Lamido was said to have preached violence while addressing members of the Peoples Democratic Party (PDP), who he told to resist intimidation and rigging by the ruling All Progressives Congress in the state.
The former governor was last Sunday picked by the Kano State police for questioning following a petition written against him by Jigawa State. He remained with the police until Tuesday when he was arraigned before the Dutse Chief Magistrate Court II. He was arraigned on four-count charges of inciting disturbance, disturbance of public peace, defamation of character and criminal intimidation which are contrary to section 144, 113, 397 and 372 of Jigawa State Penal Code.
The Chief Magistrate, Mohammed Usman Lamin later directed that Lamido be remanded in prison for the next two days to enable him study the possibility of
granting him bail.
Lamido was remanded at the Kiyawa Prison located in Kiyawa town, the headquarters of Kiyawa Local Government Area, which is about 30 kilometres away from Dutse, the state capital. For the following two days, the prison turned to a mecca of sorts as his supporters from across the country trooped in to sympathize with him.
During a visit by our reporter, it was noticed that all the roads leading to the prison located in the heart of the town were blocked by heavily armed policemen who thoroughly screened prospective visitors.
A former Director of Press to Lamido, Malam Umar Kyari Maidamuwa, said the former governor was stress-free, calm and cheerful during his incarceration.
In July, 2015, the former Jigawa governor and his two sons, Aminu and Mustapha, were before a federal high court, for allegedly receiving N1.35 billion kickback from a government contractor. They were remanded in prison custody but later granted bail.
Like many other politicians, Lamido’s handlers attributed his arrests to his rising profile. Around this time in 2016, the former Jigawa State governor said he will vie for the presidency in 2019. “If my party (PDP) finds me worthy of the party’s presidential ticket to serve Nigeria, I will thank God and oblige,” he said.
Suswam in the ‘cool hands’ of DSS
A former governor of Benue State, Gabriel Suswam, has been in detention of the Department of Security Services (DSS) since February 27, this year on alleged possession of some unlawful items said to be found at his property in Abuja. The items included firearms, several Certificates of Occupancy (C of Os), 23 luxury watches and 45 keys of various cars among others.
Suswam’s lawyer, Joseph Daudu (SAN) on April 5 filed a N10 billion fundamental rights enforcement suit over his continued detention by the DSS. Beside his case with the DSS, the ex-Benue governor is also standing trial before an Abuja Federal High Court over alleged diversion of the sum of N3.1 billion raised from Benue State shares in major companies alongside Commissioner for Finance, Omodachi Okolobia. The case was adjourned to May 9 after the DSS failed to produce him on March 28 for trial.
The Inspector-General of Police, Ibrahim Idris, on January 25 brought an application for indefinite adjournment in a fresh N7 billion allegation of criminal misappropriation charges filed against Suswam. On April 11, the Federal Government failed to arraign him on the fresh charges before a Federal High Court in Abuja after the DSS failed to produce him in court. The case was adjourned to May 11.
Speaking to our correspondent in Makurdi, a former Lagos State Commissioner of Police, Alhaji Abubakar Tsav, noted that the continued detention of Suswam by the DSS is a drift to the old days of military rule.
While some of Suswam’s supporters are fingering the Benue State government in the issue, Governor Samuel Ortom had at a public function on March 20, announced ceasefire between him and Suswam.
Babangida Aliyu’s quiet time in jail
A Minna High Court on Wednesday, March 3 granted bail in the sum of N150 million to former Governor Babangida Aliyu of Niger who was also remanded in Minna prison for some days. He was charged alongside Umar Nasko, the Chief of Staff under his administration on a sixcount charge of misappropriating N4.568 billion.
Nasko was the Niger State governorship candidate of the Peoples Democratic Party, PDP, in 2015.
Justice Aliyu Mayaki granted the bail to Babangida Aliyu after he met the bail specifications which also included two sureties in like sum, who must be resident within the jurisdiction of the court. They deposited Certificate of Occupancy (C of O)of landed property worth not less than N200 million.
According to the EFCC, which is prosecuting the former officials, the misappropriated funds are ecological project funds as well as money realised from the sale of 16 per cent shares of the state in the North-South Power Company.
Dasuki considering ditching trial?
Ex-National Security Adviser (NSA) Sambo Dasuki has served the longest time in detention by any a Politically Exposed Person (PEP) held by the Buhari government. He was arrested in in November 2015 and for nineteen months now, has been held at the detention facility of the DSS headquarters in Abuja.
This, according to a close associate of the former NSA, continued despite four High Court orders and an ECOWAS court order to release him on bail while his trial continued. According to the source, who does not want his name in print, Dasuki’s unlawful incarceration continues despite amended charges.
Dasuki, who was first arraigned over allegations bordering on treasonable felony and $2.1 billion misappropriated public fund amongst others, is now facing charges for illegal possession of fire arms and money laundering of about N13 billion.
Daily Trust gathered that Dasuki has considered not attending his own trial anymore, said to be frustrated over the refusal of government to obey the court orders to release him on bail. However, his lawyers, it was learnt, prevailed on him to continue attending the trial.
Badeh’s mix-up of persecution and prosecution
On March 2016 , a former Chief of Defence Staff, Air Marshal Alex Badeh was arrested and thereafter paraded at the Federal High Court in Abuja. He was arraigned for allegedly corruptly enriching himself with N3.9 billion.
Operatives of the EFCC had claimed they found over 1 million dollars in hidden safes during a search at the house and he was later sent to Kuje prison.
But Badeh denied that five properties were acquired for him from the $2.1billion funds allegedly squandered at the office of ex-NSA boss Sambo Dasuki.
“I was Chief of Air Staff from Oct 2012 to January 2014 and then appointed CDS. During my time serving as the CDS, funds for weapons were directly released to the Chief of Air Staff, Chief of Army Staff and that of Naval staff, and not to me. I had no control over the funds and yet I am being accused of embezzling. The office of the CDS had no operational control of the services and had nothing to do with their spending,” he said.
Badeh was later granted bail to the tune of N2 billion by Justice Okon Abang.
El-Zakzaky’s 16 months
The Leader of the Islamic Movement in Nigeria (IMN), Sheikh Ibrahim El-Zakzaky, has been in detention since 14th December, 2015 when men of the Nigerian Army raided his house in Gyellesu following his members’ altercation with the convoy of the Chief of Army Staff (COAS), Lt.
In December 2016, a former Minister of State For Finance, Bashir Yuguda, Attahiru Dalhatu Bafawara, a former governor of Sokoto State; Sagir Attahiru, Bafarawa’s son and Dalhatu Investment Limited and ex-NSA Dasuki were arraigned by EFCC before Justice Peter Afen of the Federal Capital Territory (FCT) High Court, sitting in Maitama, Abuja on a 22-count charge bordering on conspiracy, bribery, abuse of office and criminal breach of trust to the tune of N28, 315,000.000
Gen. Tukur Buratai.
Even though a Federal High Court, presided over by Justice Gabriel Kolawole, in its judgement on December 2nd, 2016 ordered for the unconditional release of Zakzaky and his wife from detention, they are still being held in a DSS facility in Abuja.
Counsel to the IMN leader, Barrister Festus Okoye said the court also ordered that Zakzaky and his wife be released and be paid N25 million each. “That was done because the DSS in their affidavit told the court that Zakzaky has not committed any offence known to law and that they are holding him in protective custody to make sure that nobody harms him.”
Commenting on Zakzaky’s health condition, Okoye said: “The Sheikh is not doing well health-wise, at the initial stage, he was shot severally on his thigh and on his arm, the wife was also shot three times in the stomach and also on her thigh. Those injuries have to a certain extent healed although the wife is still carrying shrapnel in her stomach, which has not been operated upon.
Asked if Zakzaky is allowed to receive visitors, he said, “Sometimes they allow one of the daughters to come into the facility.”
On what Zakzaky does to pass his time, he said, “Malam does not talk much in the facility, he is always in his room praying, that’s the only thing he does.” Nnamdi Kanu’s time in detention The self-styled leader of the Indigenous People of Biafra, IPOB, Nnamdi Kanu, who is facing charges bordering on treasonable felony, equally got a taste of jail time before he was granted bail just over a week ago. He was arrested on 14th October, 2015 over alleged treasonable felony.
The trial judge, Justice Binta Nyako said her decision to release Kanu on bail was based on health grounds and was let go after he produced three sureties, including a recognised jewish leader.
Kanu’s lawyer, Mr. Ifeanyi Ejiofor said his client was released after he perfected all the conditions, including producing notable people from the South East.
Ex-ministers Bala Mohammed, Fani Kayode, Nenadi Usman, et al at EFCC
In 2016, former FCT minister Bala Mohammed, former Aviation Minister Femi Fani-Kayode, a former spokesman of ex-President Jonathan, Reuben Abati, and Alhaja Moroophat, the wife of Musiliu Obanikoro, a former minister of state for defence, were taken into custody by the EFCC and DSS but later released.
Bala Mohammed was invited by the EFCC but later released for alleged land racketeering. His son was also arrested by the EFCC, paraded before a Federal High Court in Abuja and later remanded at Kuje Prison on a 15-count charge bordering on money laundering to the tune of N1.1billion.
Shamsuddeen Bala Mohamed was later in February this year granted bail by Justice Nnamdi Dimgba in the sum of N100 million and two sureties in the sum of N50 million each, as part of the bail condition.
Abati was invited by the EFCC for allegedly receiving N50 million from ex-NSA Dasuki which was reportedly spent on media activities ahead of 2015 elections.
Obanikoro, who later reacted to the arrest of his wife by the DSS, said he was being persecuted. In a statement signed by his media aide, Mr Jonathan Eze, the former minister said the DSS only concocted lies as a prelude to the arrest of his wife.
It later emerged that Moroophat was picked as part of ongoing investigations into how her husband and two sons collected and laundered over N4.7 billion from the national treasury in 2014.
Separately, Justice Suleiman Hassan of the Federal High Court in Lagos in June remanded Femi Fani-Kayode, Nenadi Usman (a former minister of finance) and Danjuma Yusuf, who were arraigned before him by the EFCC over an alleged fraud of N4.9bn. The case is still lingering in court.
The cases of Yuguda, Bafarawa
In December 2016, a former Minister of State For Finance, Bashir Yuguda, Attahiru Dalhatu Bafawara, a former governor of Sokoto State; Sagir Attahiru, Bafarawa’s son and Dalhatu Investment Limited and ex-NSA Dasuki were arraigned by EFCC before Justice Peter Afen of the Federal Capital Territory (FCT) High Court, sitting in Maitama, Abuja on a 22-count charge bordering on conspiracy, bribery, abuse of office and criminal breach of trust to the tune of N28, 315,000.000.
Specifically, Bafarawa and his son were accused of receiving N3, 350,000.00 which was later said to be have been used in settling “prayer warriors” that worked for the success of ex-President Jonathan.
Haliru, Metuh, Dokpesi, Dudafa and their pending cases
The EFCC had in February 2016 told a Federal High Court in Abuja that the NSA office paid N300 million to a former national chairman of PDP, Bello Haliru, to fund election campaign. Haliru was later granted bail and the case is still pending.
The EFCC had also docked the founder of Daar Communication Plc, Raymond Dokpesi, in a money laundering suit brought against him by the Federal Government.
Mr. Dokpesi is facing and his company were said to have received N2.1billion from the exNSA between October 2014 and March 2015, which was diverted to fund the presidential campaign of the PDP.
In January 2016, Justice Okon Abang of the Federal High Court, Abuja, ordered for the incarceration of the erstwhile spokesman of the PDP, Olisa Metuh in Kuje Prison for allegedly receiving N400 million from former NSA Dasuki. He was later released as the case continued.