A prosecution witness told the FCT High Court on Wednesday how N2.2 billion intended for election security was allegedly diverted from the Office of the National Security Adviser (ONSA) under the leadership of Sambo Dasuki.
Michael Adarikun, the first prosecution witness who is a detective with the Economic and Financial Crimes Commission (EFCC), said the money was intended for security during states’ governorship and House of Assembly elections.
But instead of using the money for its intended purpose, ONSA led by Mr Dasuki transferred N2.2 billion to Acacia Holdings Limited, owned by a former official of the Nigerian National Petroleum Corporation (NNPC), Aminu Baba-Kusa.
Since 2015, the EFCC has been prosecuting former National Security Adviser (NSA), Mr Dasuki, a retired colonel, alongside Mr Baba-Kusa on 32 counts of diversion of 33.2 billion arms and security funds entrusted to the NSA office.
They are being tried along with Mr Baba-Kusa’s companies – Acacia Holdings Limited and Reliance Referral Hospital Limited – which allegedly received part of the suspicious funds from ONSA.
The anti-graft agency re-arraigned the defendants after the decade-old case was reassigned to Judge Charles Agbaza. All the defendants rejected the EFCC’s claims.
N2.2billion to Acacia Holdings Limited was approved by Mr Dasuki
Led in evidence by EFCC’s lawyer, Rotimi Jacobs, a Senior Advocate of Nigeria (SAN), on Wednesday, the witness, who started his testimony last year and continued on Tuesday, said Wednesday that the transfer of N2.2billion to Acacia Holdings Limited was approved by Mr Dasuki.
However, a rancour ensued in court when Mr Jacobs asked Mr Adarikun, “From your investigations, how was this money spent?”
The defendants’ lawyers all objected to the question, contending the witness’s response would constitute a mere opinion.
Citing Section 67 of the Evidence Act 2011, defence lawyer for Mr Baba-Kusa and Acacia Holdings Limited, Ebie Richard, said opinion evidence is inadmissible except as provided by Sections 68-76 of the same Act.
Mr Richard argued that Mr Adarikun was not an expert witness, making it inappropriate to give an opinion.
But Mr Jacobs insisted that his question did not solicit an opinion; the witness’s role as the Investigative Police Officer (IPO) qualifies as an expert in the case.
After listening to the submissions, the trial judge, Mr Agbaza, ruled that the “question should be allowed.”
Mr Adarikun, responding to the question, said, “N2.2 billion moved from the Central Bank of Nigeria (CBN) for the purpose of preparing for the state house of assembly and gubernatorial elections was moved to the Acacia Holdings account. It was never used for the purpose for which it was intended.
“Rather, the money was wired to various individuals and companies for personal interests and businesses of the second defendant (Mr Baba-Kusa).”
How the funds were utilized
Mr Adarikun testified further that the first three segments of the transfer mandate from ONSA dealt with the payment of N600 million and N650 million to Acacia holdings, UBA, and Ecobank accounts, respectively.
He said N750 million was also transferred to Reliance Referral Hospital’s account. “The three segments are part of the N2 billion that came from CBN to the Zenith Bank account of the NSA for the purpose of providing security for the election,” the witness stated.
He disclosed that Acacia Holding’s Ecobank account statement revealed a transfer of N650 million from NSA’s Zenith bank account on 17 April 2015.
Continuing his testimony, Mr Adarikun said on 20 April, there was a transfer to Mr Baba Kusa. He did not disclose the amount.
According to the witness, on 22 April 2015, Acacia Holdings transferred N70 million to Jubril Abdullahi and N50 million to Mr Baba-Kusa. There was also a transfer of N10 million to another account belonging to Acacia Holdings on 23 April 2015.
N20 million was transferred to EC Associates on 25 May 2015.
A staff member of the company, Suraya Maigida, received N2 million on 1 June 2015, and N15 million was transferred to Ibrahim Saleh.
During Tuesday’s proceedings, Mr Adarikun testified that Mr Saleh was responsible for buying properties for Mr Baba-Kusa. Providing further clarification on Wednesday, he stated that the N15 million was a complete payment for ‘Hospitality Property Nigeria’ from Zabati BDC Limited.
There was a withdrawal of N250 million with the narration ‘miscellaneous customer service’ on 21 June 2015, the witness said.
On 24 June 2015, he said, Mr Saleh received N2 million to facilitate the retention of a plot of land at Wuse 2, Abuja, and N25 million on 27 June 2015.
The witness presented the ONSA transfer mandate signed by Mr Dasuki and the Director of Finance and Administration, S.A Salisu. The document was tendered alongside Acacia Holding’s Ecobank account statement, as exhibits.
All the defendants, through their lawyers, reserved their objections to the documents for their final written addresses.
Trial within trial
Thereafter, the EFCC sought to tender Mr Baba-Kusa’s statement, written between November and December 2015, through the witness, but all the defence lawyers objected because they claimed the statement was involuntary.
The witness told the court that the statements were prepared in a public area accessible to visitors and EFCC staff, with Mr Baba-Kusa’s lawyer, Amin Umahani, present. Despite this, Mr Richard objected.
Mr Baba-Kusa’s lawyer argued that “a statement cannot be voluntary while in the underground cell of the EFCC,” and there was no compliance with Section 15(4) and 17 (2) of the Administration of Justice Act 2015.
Following this submission, the judge agreed to a trial-within- trial to ascertain the voluntariness of the statement and adjourned the matter until 24 February.
Background
Mr Adarikun is the first prosecution witness the EFCC has presented since re-arraignment of the defendants in March 2025.
So far, he has testified about transfers from ONSA’s account, with the approval of Mr Dasuki, to Mr Babba-Kusa, who allegedly used the proceeds to buy properties and foreign currencies in euros and dollars.
The decade-old trial suffered multiple adjournments in its early years largely due to the State Security Services (SSS) refusing to release Mr Dasuki on bail despite multiple court orders.
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Mr Dasuki served as NSA between 2012 and 2015, in the heat of Boko Haram attacks in Nigeria’s North-east, under the administration of then-President Goodluck Jonathan.
The N33.2 billion fraud trial is one of several cases the EFCC filed in the aftermath of the scandal of alleged diversion of funds meant for procurement of arms to firm up the Nigerian military’s offensive against Boko Haram terrorists between 2014 and 2015, during the President Jonathan administration.
An audit panel, established by President Muhammadu Buhari following his 2015 election victory, found that approximately $2 billion for arms procurement was unaccounted for. These funds were managed by the NSA, led by Mr Dasuki.
Mr Dasuki is also standing trial alongside former Sokoto State Governor Attahiru Bafarawa, his son Sagir Bafarawa, former Minister of State for Finance Bashir Yuguda, and Dalhatu Investment Limited for N4.6 billion arms procurement fraud.
The charges accused them of diverting N4.6 billion from the NSA office’s account. The money was said to be meant for the procurement of arms to firm up the offensive against Boko Haram terrorists between 2014 and 2015.
