Alleged N1.5b scam: Appeal Court overturns ex-NIMASA D-G Omatseye’s conviction

One year after he was convicted over alleged contract splitting, respite, on Thursday, came the way of a former Nigerian Maritime Administration and Safety Agency (NIMASA) Director-General, Temisan Raymond Omatseye, as the Court of Appeal, Lagos Division, overturned the five-year conviction.

Of all the 24 counts upon which he was convicted at the lower court, the appellate court discharged and acquitted Omatseye.

The appellate court set aside the May 20, 2016 judgment of the Federal High Court, Lagos which convicted Omatseye on a charge bordering on bid rigging and contract splitting.

Justice Rita Ofili-Ajumogobia had found Omatseye culpable in a N1.5 billion contract scam.

She ruled that he awarded contracts above the stipulated N2.5million threshold, and accordingly, convicted him in 24 out of the 27 counts but discharged and acquitted him on three others.

But the appellate court held yesterday, among others, that the trial court did not properly evaluate the evidence.

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

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

The appellate court considered 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. “I found that it did not,” said Justice Nimpar.

“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”, Justice Nimpar concluded.

The former NIMASA boss in the appeal by his lawyer, 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.