N2.6bn fraud: Ex-NIMASA boss files no-case submission
The Federal High Court in Lagos has fixed October 16, 2017, to rule on whether or not to discharge a former Director General of the Nigerian Maritime Administration and Safety Agency, Patrick Akpobolokemi, who was charged with N2.6bn fraud. Justice Ibrahim Buba fixed the date on Friday after entertaining a no-case submission filed by Akpobolokemi, […]
The Federal High Court in Lagos has fixed October 16, 2017, to rule on whether or not to discharge a former Director General of the Nigerian Maritime Administration and Safety Agency, Patrick Akpobolokemi, who was charged with N2.6bn fraud.
Justice Ibrahim Buba fixed the date on Friday after entertaining a no-case submission filed by Akpobolokemi, through his lawyer, Dr. Joseph Nwobike (SAN), in response to the prosecution’s case.
The Economic and Financial Crimes Commission 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.
The funds, the anti-graft agency claimed, were approved by ex-President Goodluck Jonathan for the implementation of a security project, tagged, “International Ship and Ports Security Code in Nigeria Ports.”
Those being tried along with Akpobolokemi are Ezekiel Agaba, Ekene Nwakuche, Governor Juan, Blockz and Stonz Limited and Al-Kenzo Logistic Limited.
But the defendants 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.
Upon the closure of the prosecution’s case, however, rather than open their defence, the defendants, through their lawyers, filed no-case submissions, contending that the prosecution failed to establish a prima facie case against them to warrant their entering any defence.
Arguing Akpobolokemi’s no-case submission on Friday, Nwobike contended 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 in swift opposition, the prosecuting counsel for the EFCC, Mr. Rotimi Oyedepo, maintained that the testimonies of the 12 witnesses called and the 77 exhibits tendered had successfully linked Akpobolokemi to the alleged fraud.
He argued that being the head and chief accounting officer of NIMASA at the time of the alleged fraud, Akpobolokemi could, by any stretch of the imagination, claim to be innocent.
He said 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.