Associates of a former Niger Delta militant leader, Government Ekpemupolo (aka Tompolo), yesterday asked the Federal High Court in Lagos to quash two separate charges filed against them by the Economic and Financial Crimes Commission (EFCC).
The two charges, in which Tompolo was arraigned in absentia, are before Justice Ibrahim Buba.
EFCC, in the first charge of 40 counts, said the suspects allegedly diverted N34 billion for personal use.
Tompolo was charged with a former Nigerian Maritime Administration and Safety Agency (NIMASA) Director-General Patrick Akpobolokemi, Global West Vessel Specialist Limited, Odimiri Electricals Limited, Kemi Engozu, Boloboere Property and Estate Limited, Rex Elem, Destre Consult Limited, Gregory Mbonu and Captain Warredi Enisuoh.
The commission alleged that the money accrued from the public private partnership agreement between NIMASA and Global West Vessel Specialist, owned by Tompolo.
In the second charge, EFCC accused Tompolo and Akpobolokemi of N22.7 billion fraud.
Others named in the charge are Kime Engozu, Josephine Otuaga, Rita Uruakpa, Mieka Dive Training Institute Ltd/GTE, Oyeinteke Global Network Limited, Wabod Global Resources Ltd, Boloboere Properties Estate Ltd and Gokaid Marine Oil and Gas Ltd.
Others are Muhaabix Global Services Ltd, Watershed Associated Resources as well as Akpobolokemi’s four brothers – Victor, Nobert, Emmanuel and Clement – said to be at large.
The defendants were accused of converting over N22.7 billion stolen from NIMASA to their personal use between December 12, 2014 and April 10, 2015.
Yesterday, Engozu’s lawyer, Chief U. Nnaji, told Justice Buba that he had filed a preliminary objection to the charges.
He said the law allowed him to file an objection at any stage in the trial, even if witnesses had been called.
Moving the application, Nnaji prayed the court to hold that the charges were “incompetent” for not complying with the Federal High Court Criminal Practice Direction.
He said EFCC failed to adhere to Section 3(a) of the rules, which provides that every charge must be accompanied by a verifying affidavit.
“The charge is, therefore, incompetent as it violated this provision. It states that the complainant (Federal Republic of Nigeria) shall not file a charge unless it is accompanied by a verifying affidavit.
“The failure to comply with this provision guarantees automatic loss of jurisdiction to this honourable court. The Practice Direction does not give the prosecution any room to come to court without a verifying affidavit,” he said.
All the defence counsel aligned themselves with Nnaji. They prayed the court to quash the charges.
EFCC’s lawyer Oluwafemi Olabisi urged the court to refuse the application, saying it was a ploy to delay the trial.
He said even if the judge was to entertain the objection, ruling could only be delivered at the end of trial in line with the Administration of Criminal Justice Act (ACJA) Act of 2015,
Justice Buba held that he would deliver ruling at the end of the trial.
He adjourned both cases till December 13 and 14.
Tompolo associates seek to quash N56b fraud charge
