N2.6b NIMASA Fraud: Akpobolokemi, Others File No Case Submission

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N2.6b NIMASA Fraud: Akpobolokemi, Others File No Case Submission

 

 Justice Ibrahim Buba of the Federal High Court in Lagos will on October 16 deliver ruling on a no case submission filed by a former Director General of the Nigerian Maritime Administration and Safety Agency, Patrick Akpobolokemi, asking the court to discharge him of a N2.6 billion fraud allegation.

Justice Buba fixed the date after entertaining a argument on the application from Akpobolokemi’s lawyer, Dr. Joseph Nwobike (SAN) and that of the Economic and Financial Crimes Commission (EFCC) Rotimi Oyedepo.

The anti-graft agency had on December 4, 2015 arraigned Akpobolokemi alongside five others for allegedly diverting N2.6bn from the coffers of NIMASA between December 2013, and May 2015.

According to the commission, the money was approved by ex-President Goodluck Jonathan for the implementation of a security project, tagged, “International Ship and Ports Security Code in Nigeria Ports.”

Other arraigned alongside Akpobolokemi are Ezekiel Agaba, Ekene Nwakuche, Governor Juan, Blockz and Stonz Limited and Al-Kenzo Logistic Limited.

They all pleaded not guilty to the 22 charges pressed against them following with the prosecution opened its case during which it called a total of 12 witnesses and tendered 77 exhibits in a bid to prove the allegations.

However after  the prosecution closed its case, the former NIMASA boss and his co-accused rather than open their defence, they filed no-case submissions, arguing that the prosecution failed to establish a prima facie case against them to warrant their entering any defence.

While arguing Akpobolokemi’s no-case submission on Friday, Nwobike submitted that the EFCC failed to link his client with the alleged diversion of funds from NIMASA, pointing out that his signature to such effect was never shown to the court.

He said his client could not be liable since ex-President Jonathan, and not Akpobolokemi, approved the security project and the money disbursed.

Nwobike also described the evidence given against his client by the EFCC investigator as mere hearsay, which had no legal weight before the court.

He, therefore, urged “My Lord to come to the irresistible conclusion, from the evidence of the prosecution, that the first defendant cannot be called upon to enter any defence,” because no prima facie case had been established against him.

But the EFCC counsel in opposition to the application stated that the testimonies of the 12 witnesses called and the 77 exhibits tendered had successfully linked Akpobolokemi to the alleged fraud.

Oyedepo argued that being the head and chief accounting officer of NIMASA at the time of the alleged fraud, Akpobolokemi could not by any stretch of the imagination, claim to be innocent.

The lawyer further maintained that though it was ex-President Jonathan who approved the security project and sanctioned the disbursement of the funds, Akpobolokemi was the head of NIMASA who constituted a committee to handle the project and also approved funds for the activities of the committee.

He said the prosecution had established that rather than the intended purpose for which Jonathan approved the funds, the funds were illegally converted to the defendants’ personal use.

Counsel for the second defendant, Mr. Edoka Onyeke, argued that there was a mismatch between the offence his client was accused of committing and the section of the law under which he was charged, saying the court, in the circumstance, could not but dismiss the case and free his client.

But Oyedepo maintained that Agaba was properly charged, adding that even if there was an error, it could not be a basis to discharge him.

The other defence counsel, Mr. Seni Adio (SAN) and Ige Asemudara, similarly urged the court to hold that the prosecution failed to link their clients to the alleged crime and urged the judge to discharge them.

After entertaining arguments from the parties, Justice Buba fixed October 16, 17 for ruling.

In the 22 charges, the EFCC, Among other things, alleged that the defendants, “induced the Federal Government to approve and deliver to NIMASA the sum of N795,200,000 under the false pretence that the sum represented the cost for the implementation of the International Ship and Ports Security Code in Nigeria Ports.”

This alleged offence is said to contravene Section 8 (a) of the Advance Fee Fraud and Other Fraud Related Offences Act, 2006 and punishable under Section 1 (3) of the Act.