Dasukigate: Judge bashes EFCC for gross misconduct, withdraws from trial

The Economic and Financial Crimes Commission (EFCC) has been chided by Justice Gabriel Kolawole of the Abuja Federal High Court, for displaying gross misconduct in the prosecution of the alleged N3.1bn corruption case against the former national security adviser Sambo Dasuki, 

The judge withdrew from the case, as he accused the anti-graft agency of frustrating proceedings in the trial and attempting to take over control of court.

He then returned the case file to the chief judge of the court, Justice Abdul Adamu Kafarati for re-assignment to another court.

The trial involving Nicholas Ashinze, a serving colonel in the Nigerian army, ran into problems during the cross examination of an EFCC operative, Mr Hassan Sheidu, who conducted investigations into the case.

Sheidu was asked by Ashinze’s counsel, Ernest Nwoye, to confirm to the court if his client’s name appeared in any of the transactions relating to the N3.1bn water project contract; and he answered negatively.

He was further asked if the contract was initiated by the Office of the National Security Adviser where Ashinze served or the Federal Ministry of Water Resources; and he answered in favor of the latter.

The EFCC operative ran into more trouble when he answered in the negative after being asked if the NSA office was responsible for payment of the contract and whether the office of Secretary to the Government of the Federation (SGF) and the Central Bank of Nigeria (CBN) which effected payment ever declared the water contract illegal or fraudulent.

At that point, the EFCC witness was then asked why Ashinze’s name was put on the charge sheet.

Following that, the EFCC counsel, Ofem Uket became uncomfortable and started interjecting persistently into the proceedings, rebuffing all further questions to the witness.

The judge attempted to call the EFCC counsel to order; however, his efforts did not yield any positive results as the counsel proceeded to challenge the court records which were read out to him severally.

The judge eventually announced that he was withdrawing from the trial after all his efforts were ignored by the counsel.

He stated that the anti-graft agency was going against the normal court practice by attempting to take over control and frustrated the court.

Justice Kolawole further stated that the display of apprehension by the EFCC was unjust and uncalled for, as he stressed that it was the duty of the court to allow a witness in a criminal trial to be cross examined with questions contemplated by law.

He stated that justice was not for a particular side, and advised the EFCC to always put its house in order before rushing to court for trial.

Earlier the Supreme Court held that the detention of the former national security adviser, Colonel Sambo Dasuki, was not at the instance of the Economic and Financial Crimes Commission (EFCC)that put him on trial.

Dasuki, who is currently facing trial for allegedly misappropriating N32 billion meant for arms under the administration of ex-president, Goodluck Jonathan, was told by the apex court that the bail granted him had been obeyed after being implemented by the controller of prison, Kuje, on December 29, 2015.

In challenging his continued detention, Dasuki had filed an appeal, praying for suspension of his trial pending the time the bail orders were obeyed by government, which Justice Ajembi Eko ruled against.

Justice Eko said that the EFCC cannot be held responsible for the continued detention of the ex-NSA since the detention was carried out by the State Security Service (SSS).