Tag Archives: Ex-NIMASA Boss

Alleged theft of N754m Fraud: Ex-NIMASA Boss, Akpobolokemi, Others Lose In Court

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An Igbosere High Court, Lagos, on Monday dismissed a preliminary objection filed by a former Director-General of Nigeria Maritime Administration Safety Agency (NIMASA), Patrick Akpobolokemi, challenging the jurisdiction of the court over alleged stealing of N754.7 million.

 

Mr. Akpobolokemi is standing trial on a 13-count charge of stealing.

 

He was arraigned by the Economic and Financial Crimes Commission alongside Captain Agaba, Ekene Nwakuche, Governor Juan, Vincent Udoye, Captain Sahib Olopoenia and a company, Gama Marine Nigeria Ltd.

 

Mr. Akpobolokemi had through his lawyer, Joseph Nwobike (SAN), filed a notice of preliminary objection challenging the jurisdiction of the court to hear the suit.

 

He argued that by virtue of provisions of Section 251 (1) (a) and (3) of the Constitution, only a Federal High Court had exclusive jurisdiction to hear cases pertaining to and or connected with the revenues of the Federal Government of Nigeria and its agencies.

 

Also, the 4th accused, Governor Juan, through his counsel, Ige Asemudara, also filed a similar application.

 

Ruling on the preliminary objections, Justice Raliat Adebiyi, dismissed all the objections raised by the applicants on the grounds that they lacked merit.

The court held that the applicants wrongly raised the issue of double jeopardy.

She also said that there was no connection between the two charges filed against some of the accused before the Federal High Court and the one before the High Court of Lagos State.

 

Justice Adebiyi held that the offence of stealing was clearly within the jurisdiction of the Lagos High court.

She added that it would be too early at this stage of proceedings to determine whether Lagos High Court lacked jurisdiction to determine the suit.

 

The judge held that the issue of jurisdiction could be raised at any stage of the proceedings.

 

The applicants had in their preliminary objections argued that the provisions of Section 251 (1) (a), (P) and (3) of the Constitution supercedes the provisions of the Criminal Law of Lagos State 2011 and that of the Economic and Financial Crimes Commission Establishment Act, 2004.

 

They also argued that the High Court of Lagos lacked the requisite jurisdiction to entertain criminal cases and matters arising from the revenue of the Federal Government of Nigeria.

But the EFCC, in its counter-affidavit, urged the court to refuse the application in the interest of justice more so when the prove of evidence before the court clearly linked the applicants to the alleged offence.

The accused were arraigned on Jan. 25 by the EFCC over alleged stealing of N754. 7million belonging to NIMASA.

 

They pleaded not guilty the charges and were granted bail.

 

The case was adjourned to April 14 and 20 for trial.

 

(NAN)

Court Reserves Judgment In Trial Of Ex-NIMASA Boss

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A federal High Court, Lagos, yesterday, reserved its judgment in the trial of Raymond Omatseye, a former Director-General of Nigerian Maritime Administration and Safety Agency, NIMASA.

 

EFCC operatives Omatseye is facing trial over alleged bid rigging and N1.5billion contract scam filed against him by the Economic and Financial Crimes Commission, EFCC, in 2010. The accused pleaded not guilty to the 27-count charge and had been granted bail on self recognition.

 

Justice Rita Ofili-Ajumogobia reserved judgment in the trial after lawyers to the prosecution, Chief Godwin Obla (SAN) and the defence, Mr Edoka Onyeke adopted their final addresses.

 

The judge said that the date for judgment would be communicated to parties. Onyeke, had in his address urged the court to discountenance the arguments of prosecution and dismiss the charge against his client.

 

He argued that the prosecution had not been able to proof its case beyond reasonable doubt. Onyeke said that out of the 27-count-charge against the accused, 25 dealt strictly with the issue of approval of contract above the threshold while the remaining two were on bid rigging.

 

He noted that the prosecution did not proof that exhibit PD 16, which it relied on in dealing with the issue of threshold, got to NIMASA at the time the contracts were awarded. On the issue of bid rigging, Onyeke argued that by the provision of sections 58 (10) (a) of the Public Procurement Act, the offence of bid rigging cannot be committed by a single individual.

 

He argued that throughout the length of trial, the prosecution failed to call any witness to proof the alleged collusion of the accused to commit bid rigging. Onyeke urged the court to discharge and acquit his Client.

Obla, on the other hand, urged the court to hold that the case of the prosecution was “as clear as daylight, and has been proven beyond reasonable doubt”. On the issue of failure of prosecution to lead evidence as to conspiracy to commit bid rigging, Obla submitted that the facts of the case spoke volumes.

 

Credit : Vanguard

Alleged N2.3 Bn Scam: How Ex-NIMASA Boss Asked Me To Share N121 Million- Witness

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The Economic and Financial Crimes Commission (EFCC) on Tuesday presented the sixth witness in the ongoing trial of a former Director General of Nigerian Maritime Administration and Safety Agency (NIMASA), Patrick Akpobolokemi, and five others for the alleged diversion of N2.3 billion.

Others are Captain Ezekiel Bala Agaba, Ekene Nwakuche, Governor Ameche Juan, Blokz and Stonz Limited and Alkenzo Logistics Limited.

At the resumed hearing Tuesday, the prosecution counsel, Rotimi Oyedepo, led in evidence one Uchenna Emenalo, younger brother to Emeka Emenalo, the owner of O2 Services Limited, the company that was allegedly used to divert part of the proceeds from the Committee on International Shipping and Ports Security in NIMASA.

Mr Emenalo told the court that he approached the third accused person, Ekene Nwakuche, as a former school mate to help him secure any contract that his brother’s company, O2 Services Limited, could handled.

The witness further disclosed that after his discussion with the third accused person, he was asked to provide their company’s name and account details.

The witness told the court how, between March 2014 and June 2015, O2 Services Limited, received about One Hundred and Twenty One Million which he personally disbursed based on instructions from the third accused person, Ekene Nwakuche.

The third accused persons provided him with different account number into which the said amount was paid.

When confronted with exhibit P17a and b, which are documents that supposedly emanated from O2 Services Limited as Contract Application Document and Invoices for payment, the witness said the signatures on the documents were neither his, nor his brother’s. Asked whether any of the contract awarded to his brother’s company were executed, the witnessed said ‘no’.

Earlier in his evidence, Mr Emenalo admitted that O2 Services Limited is into Agro Allied Products and lacked competence in security related services.

The witness also denied knowing any General Manager, Field Operations at O2 services Limited as the company is solely run by his brother.

During cross examination, Joseph Nwobike, SAN, counsel for the first accused person, asked the witness if he runs any business by himself to which he answered, no.

Mr. Emenalo also confirmed that Mr. Ekene told him that the contract was security related but that their company would be registered as RSO, Registered Security Organisation.

E.D Onyeke, counsel for the second accused person, asked the witness if in the statement he made to EFCC he mentioned the email address of his brother or the address of O2 Services Limited.

Mr. Emenalo said he only used his house address in his statement as he was not asked the office address. The witness also said the same thing when he was asked if he gave the EFCC a copy of his brother’s company letterhead.

When asked by Mr. Adio, counsel to Ekene, whether he benefitted from the money that was paid into O2 Services Limited account, Mr. Emenalo admitted receiving the sum of Six Hundred Thousand Naira for Logistics and bank charges.

Credit: PremiumTimes