YAHAYA IBRAHIM
A Federal High Court in Lagos on Monday told a former Director General of the Nigerian Maritime Administration and Safety Agency (NIMASA ), Patrick Akpobolokemi and others that they have case to answer on their alleged involvement in N2.6 billion fraud.
The former NIMASA boss was on December 4, 2015, arraigned before Justice Ibrahim Buba, alongside five others for allegedly diverting the said money from the coffers of the agency between December, 2013, and May, 2015.
Others docked alongside Akpobolokemi are Ezekiel Agaba, Ekene Nwakuche, Governor Juan, Blockz and Stonz Limited and Al-Kenzo Logistic Limited.
The Economic and Financial Crimes Commission, (EFCC) had alleged that the funds were approved by former President Goodluck Jonathan for the implementation of a security project, tagged, “International Ship and Ports Security Code in Nigeria Ports.”
However, the defendants pleaded not guilty to the 22 charges filed against.
The prosecution opened its case during which it called 12 witnesses and tendered 77 exhibits in a bid to prove the allegations.
Upon the closure of the prosecution’s case, rather than open their defence, the defendants, through their lawyers, filed no-case submissions, contending that the prosecution failed to established a prima facie case against them to warrant their entering any defence.
In the no -case submission filed by the former NIMASA DG and others, their counsels, contended that the EFCC failed to link their clients with the alleged diversion of funds from the agency.
Counsel to the former NIMASA boss, Dr. Joseph Nwobike(SAN) had specifically told the court that his client could not be liable because former President Jonathan, and not Akpobolokemi, approved the security project and the money disbursed.
Other defendants’ counsel, Mr. Seni Adio (SAN), Ige Asemudara and Emeka Onyeke similarly had urged the court to hold that the prosecution failed to link their clients to the alleged crime and urged the judge to discharge them.
But in his response , the EFCC’s prosecutor, Mr. Rotimi Oyedepo, maintained that the testimonies of the 12 witnesses called and the 77 exhibits tendered had successfully linked Akpobolokemi and others to the alleged fraud.
He said even though it was the former President 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.
Delivering ruling on Monday , Justice Buba dismissed the no-case submission and ruled that the defendants have case to answer.
He held that from the evidence before the court, the prosecution has been able to established a prima facie case against all the defendants.
The judge contended that the application of the defendants lacked merit and over ruled it.
“From the evidence of the first prosecution witness, it is well establish that all the defendants have case to answer, the exhibits tendered and testimonies of others witnesses have establish that their is a prima facie case against the defendants. I see no merit in this application. This application lack merit so, therefore it is over rule, The defendants should open defence to prove their innocence”, Justice Bubba held.
The case has been fixed for October 30, November 7 and 9 for the defendants to open their defence.