N2.6bn fraud: You’ve a case to answer, Court tells Akpobolokemi, Others

A Federal High Court, Ikoyi, 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 over their alleged involvement in a N2.6 billion fraud.

Akpobolokemi, through his lawyer, Dr. Joseph Nwobike (SAN) and others defendants’ counsel had filed a no-case submission in response to the charge filed by the Economic and Financial Crimes Commission ( EFCC ) against them.

Others docked alongside Akpobolokemi are: Ezekiel Agaba, Ekene Nwakuche, Governor Juan, Blockz, Stonz Limited and Al-Kenzo Logistic Limited.
The EFCC, 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 Nigerian Ports.”

But the defendants pleaded not guilty to the 22 charges filed against them and 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 established a prima facie case against them to warrant their entering any defence.

In the no -case submission filed by Akpobolokemi and others, their counsel, contended that the EFCC failed to link their clients with the alleged diversion of funds from NIMASA.
Specifically, Akpobolokemi counsel, Nwobike said that his client could not be liable because ex-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 urged the court to hold that the prosecution failed to link their clients to the alleged crime and urged the judge to discharge them.
However, the prosecuting counsel, 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 argued that Akpobolokemi being the head and chief accounting officer of NIMASA at the time of the alleged fraud, he couldn’t, by any stretch of imagination, claim to be innocent.

He said even though it was ex-President Jonathan who approved the security project and sanctioned the disbursment 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.

Justice Ibrahim Buba held that from the evidence before the court, the prosecution has been able to established a prima facie case against all the defendants.
The court contended that the application of the defendants lacked merit and it is over ruled.

His words : “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 there 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.”

Meanwhile the court has fixed further hearing in the case to October 30, for the defendants to open their defence.

Peter Fowoyo