Dokpesi can be charged with conspiracy – Sagay

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The Chairman, Presidential Advisory Committee against Corruption, Professor Itse Sagay (SAN), has faulted the excuse given by the Chairman of Daar communications, Chief Raymond Dokpesi, that the N2.1bn he collected from embattled former National Security Adviser, Sambo Dasuki, was for the media campaign of former President Goodluck Jonathan during the last election.

He, therefore, stated that based on the outcome of investigations, Dokpesi could be charged with conspiracy to steal.

Sagay said this during an interview with our correspondent on Thursday.

Dasuki, who has been arrested by the Department of State Services, was accused of diverting over $2bn meant for the procurement of arms. Dokpesi, who was later arrested, confessed to have collected N2.1bn from Dasuki for the purpose of advertising.

However, Sagay said the office of the NSA was responsible for advising the President on security matters and wondered how the office could disburse money to a political party.

When asked if Dokpesi, who is a leader of the Peoples Democratic Party, could be held liable for collecting money from Dasuki even though the money was used for a legitimate transaction, Sagay said Dokpesi could be held for conspiracy to steal and to misappropriate funds depending on the outcome of the investigation.

He said, “I think conspiracy to steal and to misappropriate public funds will depend on the answer to the question: Does the office of the NSA provide funds for advertising or defence purposes?

“Secondly, all the funds from that office belong to the public. Was the beneficiary or recipient of the funds (Dokpesi) aware that the advertisement was not for Nigeria but for a political party?

“If yes, the question then arises: If you accept the funds that belong to Nigeria in order to advertise for a political party, does that not constitute deliberate wrongdoing and deliberate misappropriation of Nigeria’s funds? Those are the questions that are going to be asked.

“So, the very fact that you were given money for advertising and you indeed used it for advertising is no defence. Was that money meant for that purpose and were you aware of the source of that money? Did you think it should have been used for the private purpose of a political party? If not, then you should not have accepted the money.”

Sagay also condemned the ejection of a former Director-General of the DSS, Mr. Kayode Are, from his Ikoyi home in Lagos despite a court order restraining the DSS from ejecting him.

Are, who served as the DG for eight years, continued to live in his official quarters despite leaving office since 2007.

Sagay said the DSS should have respected the court order.

He, however, said courts were of the habit of giving arbitrary injunctions even in cases where the applicant was clearly at fault.

Sagay said, “I think it is proper that we should obey court orders. It is wrong to disregard a court order and carry out what a court has restrained us from doing. The proper thing to do is to go back to the court and file an application that the court should rescind the order that it has made.

“Nevertheless, I need to say that our courts need to be careful of being turned into an avenue for people to become outlaws. If the building belongs to government and you have retired from government, and you are refusing to leave that building, as a private person, it is wrong.

“Another thing our courts are fond of doing is restraining security agencies from arresting or prosecuting people for crimes of corruption and stealing public funds.”

Source: Punch