N1.5bn Contract Scam: Appeal Court Acquits Ex-NIMASA D-G

Reprieve yesterday came the way of embattled former Director-General, Nigerian Maritime Administration and Safety Agency (NIMASA), Raymond Omatseye as the Lagos Division of the Court of Appeal overturned the five-year conviction imposed on him by Justice Rita Ofili-Ajumogobia of the Federal High Court.

The upper court in a unanimous verdict discharged and acquitted Omatseye of all the 24 count charge of bid rigging and contract splitting upon which he was convicted of at the lower court.

It will be recalled that the Economic and Financial Crimes Commission (EFCC) had re-arraigned Omatseye on 21, 2013 by the EFCC before Justice Ofili-Ajumogobia on an amended 27 counts.

In the amended charge the EFCC accused him of engaging in contract splitting and bid rigging to the tune of over N1.5bn while in office as the DG of NIMASA.

The offence, the anti-graft agency said, contravened Section 58(4) of the Public Procurement Act 2007.

In her judgment, the trial judge found Omatseye guilty of 24 out of the 27 counts, she discharged and acquitted him on three counts bordering on bid rigging.

Justice Ofili-Ajumogobia sentenced him to five years imprisonment for each of the 24 proven counts, holding that the sentences would run concurrently.

But the Court of Appeal, presided over by Justice Yargata Nimpar on Thursday held among others, that the trial court did not properly evaluate the evidence.

Justice Nimpar resolved all five grounds of appeal in the appellant’s favour.

In reaching its decision, the appellate court identified four issues for determination, including whether under Section 16(1)(A) of the Public Procurement Act 2007, approval for spending over the threshold constitute an offence.

Justice Yargata Nimpar, who read the judgment, considered whether the trial court properly evaluated the evidence.

She said, “I found that it did not, the long and short of it is that, the appeal succeeds. The prosecution should not ride roughshod over the Constitution.

“The judiciary will do the war on corruption more harm by declaring someone a criminal, where no offence has been committed.

“I find merit in the appeal. The conviction is hereby set aside and the appellant is hereby discharged and acquitted.”

Other members of the panel were Justice Adejumo Obaseki and Abraham Georgewill.

The former NIMASA boss in his appeal filed by his counsel, Edoka Onyeke, argued, among others, that he was persecuted and not prosecuted.

He said although contract splitting existed in law, approval above threshold did not.

Omatseye accused Justice Ofili-Ajumogobia of jettisoning an exonerating January 23, 2013 letter from the Bureau of Public Procurement, BPP, which it admitted as evidence in court.

According to him, the letter stated that the 27-count charge brought under sections of the procurement Act that deals with administrative breaches rather than real offences.