Malami takes over N1.84bn corruption trial of Sambo Dasuki’s aide from EFCC, then proceeds to end case

The Attorney-General of the Federation, Abubakar Malami has terminated the N1.84 billion corruption charges against Nicholas Ashinze, a former military assistant to then National Security Adviser (NSA), Sambo Dasuki, and eight others.

This latest development is coming less than one month left for Malami to stay in office.

The AGF swiftly withdrew the case at the Federal High Court in Abuja, immediately after taking over the trial from the Economic and Financial Crimes Commission (EFCC) on Tuesday.

The lawyer said this was in accordance with Section 174(1)(a) and (c) of the Nigerian Constitution (as amended).

The lawyer who represented him in court, David Kaswe, gave no reason for the move.

The EFCC had called seven prosecution witnesses in the trial that started over five years ago. The commission was to proceed with hearing when a lawyer from the AGF office announced Malami’s decision to take over the case.

EFCC’s counsel, Offem Uket, said he was unaware that the AGF was taking over the matter. He, however, did not oppose the application.

After obtaining the judge’s permission to take over the suit, the lawyer prayed for the withdrawal of the criminal charge against the defendants.

Ashinze, the aide of Dasuki, the NSA to former President Goodluck Jonathan who is himself standing trial on charges of diversion of funds meant for procurement of arms, was being tried  alongside an Austrian, Wolfgang Reinl; Edidiong Idiong and Sagir Mohammed listed as 2nd to 4th defendants respectively.

Other defendants in the case were five companies: Geonel Integrated Services Limited, Unity Continental Nigeria Limited, Helpline Organisation, Vibrant Resource Limited and Sologic Integrated Service Limited listed as 5th to 9th defendants respectively.

The defendants were re-arraigned by the EFCC in 2018. The various money laundering offences alleged by the EFCC involved transfer and taking possession of a total of N1,840,000,000 which it described as proceeds of unlawful acts.

The funds allegedly emanated from the office of Dasuki where Ashinze served as special assistant to Dasuki, the then NSA.

The commission said all the defendants conspired to commit money laundering offences contrary to section 18(a) of the Money Laundering (Prohibition) Act, 2011, and punishable under section 15(3) and (4) of the same law.

It alleged that the transfer of the funds on 22, 23, and 24 April, and 5 May, 2014, violated the provisions of section 15(2)(b) of Money Laundering (Prohibition) Act and punishable under section 15(3) and (4) of the same law.

The prosecution in counts 8 to 13 accused Idiong and Mohammed, Sologic Integrated Services Limited, Vibrant Resource Limited and Helpline Organisation of “taking possession” of the various sums of money totalling N1.84bn when they “reasonably ought to know” that the funds were proceeds of “unlawful acts”.

Idiong, a lawyer practising under the name, Law Partners & Associates, allegedly received N550 million and N450 million making N1billion, on 22 April, and 5 May 2014, respectively.

Mohammed, a retired lieutenant colonel and Managing Director of Unity Continental Nigeria Limited, allegedly received N120 million on 22 April 2014.

Sologic Integrated Services Limited was said to have received N120 million on 23 April 2014.

Vibrant Resource Limited allegedly received N100 million on 23 April 2014 and Helpline Organisation was said to have received N500 million on 24 April 2014.

The defendants pleaded not guilty to all the counts preferred against them.

At the resumed trial on the matter on Tuesday, Kaswe informed the court that he had the authority of Malami to take over the case.

The judge, Okon Abang, granted the request by the AGF office to take over the case.

Kaswe then prayed for the withdrawal of the criminal charge against the defendants.

Lawyers to the defendants – Afam Osigwe, a Senior Advocate of Nigeria (SAN); Patrick Agu, Anita Isato, did not oppose Mr Kaswe’s application.

But they urged the court to make a consequential order of discharging and acquitting their clients of the 13 counts.

The judge granted their request, struck out the amended charge and discharged all the nine defendants of the charge.

This isn’t the first time Malami has been known to terminate EFCC’s cases once he takes over such criminal proceedings. It has become a norm.

The EFCC, which is under some supervisory control of the AGF, hardly opposes such move even when it is uncomfortable with it.