The Federal High Court in Lagos yesterday dismissed the claim by former Nigerian Maritime Administration and Safety Agency (NIMASA) Executive Director, Maritime Safety and Shipping Development, Captain Ezekiel Agaba, that the Economic and Financial Crimes Commission (EFCC) forced him to make a statement against his will.
Justice Ibrahim Buba, in a ruling on a trial-within-trial, held that statements by Agaba and his former aide Ekene Nwakuche were made voluntarily.
Agaba had alleged that EFCC starved him for two days and threatened to further detain him if he refused to write what the operatives wanted. He claimed that his demand for his lawyer to be present was refused.
Also testifying in the trial-within-trial yesterday, Nwakuche claimed he was never allowed access to his lawyer while making his statements at the EFCC.
He alleged that an EFCC operative Orji Chukwuma tutored him on what to write.
On whether his interrogation was video recorded, he said: “I was even asked to remove my shiny wrist band on suspicion that it was a recording device.”
Under cross examination by the prosecution counsel Rotimi Oyedepo, Nwakuche admitted that he was cautioned before his statements were obtained, and that he did not make a formal complaint to EFCC chairman because he feared such as report would not “see the light of the day”.
Justice Buba asked prosecution and defence counsel to address the court before he delivers his, but defence counsel Edoka Onyeke and Lanre Olayinka objected on the basis that they were not prepared.
The judge refused their prayer for adjournment, noting that a trial-within-trial could be conducted in a day and ruling delivered same day.
Oyedepo, in his address, said: “The second defendant admitted that his daughter was always allowed into the EFCC to bring him food and fruits; this is a clear departure from his evidence in chief.
“I urge the court to hold that the evidence of PW 1 to 3 has clearly established that the statements of second and third accused were made voluntarily,” he said
Ruling, Justice Buba held that the objections against the statements were an afterthought.
He said: “By the provision of section 28 of the Evidence Act, the onus to show that a statement was taken voluntarily rests with the prosecution, and the defendant has no corresponding duty to show otherwise.
“The second defendant admits that he was granted bail by the EFCC, and was coming to the commission from his home with his driver.
“Where a defendant is on bail and chose not to come with his lawyer to make a statement, then he cannot complain.”
He admitted the defendants’ statement as evidence and adjourned until June 30 for continuation of trial.
Tag: Ex-NIMASA chief
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Court dismisses ex-NIMASA chief’s forced statement claim
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Ex-NIMASA chief: EFCC forced me to make a statement
A former Nigerian Maritime Administration and Safety Agency (NIMASA) Executive Director, Maritime Safety and Shipping Development Captain Ezekiel Agaba yesterday alleged that the Economic and Financial Crimes Commission (EFCC) forced him to make a statement against his will.
He alleged that EFCC starved him for two days and threatened to further detain him if he refused to write what the operatives wanted.
Agaba said he demanded that his lawyer must be present before his statement was taken, but the request was allegedly refused.
His testimony followed an objection by his lawyer Edoka Onyeke that his client’s statement to EFCC was not made voluntarily.
Agaba was arraigned along with former NIMASA Director-General Patrick Akpobolokemi before Justice Ibrahim Buba of the Federal High Court in Lagos.
Others undergoing trial with them include Agaba’s former aides Ekene Nwakuche and Governor Juan as well as Blockz and Stonz Limited, Kenzo Logistics Limited and Al-Kenzo Logistic Limited.
EFCC charged them with converting N2.6billion between December 23, 2013 and May 28 last year, to which they pleaded not guilty.
Testifying in a “trial within trial” to determine whether the statement was made voluntarily, Agaba said EFCC operatives came to his office last August 18 to conduct a search, after which they took him to their Ikoyi office.
Agaba said from EFCC’s office, the operatives took him to his Lekki home and his house and vehicles were also searched.
“We got back to EFCC at about 11.45pm. Orji Chukwuma, one of the operatives, brought out a sheet of paper that I was going to write a statement. I requested to see my lawyer. They refused and said I should write even though I hadn’t slept for 18 hours. I continued writing till about 1am when they took me to their detention centre,” he said.
Agaba said he was brought back to the interrogation room the following day. He contacted a lawyer, Lanre Olayinka, who allegedly was not allowed access to him.
“I was told that I was not allowed to go home because I was seen as being uncooperative. Between 9am and 10pm, I was not given food. I was given water which I requested. On 20th of August, I requested for bread and tea from an inmate.
“Again, I requested for my lawyer, and they said I was not the one they were looking for, that why should I bother myself? I was not allowed access to a lawyer.
“I was not allowed to write freely. I was threatened with not going home, which was like a death sentence to me because I had never experienced anything like that before.
“I wanted to explain the circumstances of the transactions, but they cut that part off and asked me to write about the actual transfers. I was not given the opportunity to write the full story,” Agaba said.
Asked whether there was a video recording of the interrogation, Agaba said: “Unless the video was hidden, there was no video at any time. All my protests were not recorded. I did not see any video.”
Under cross examination by EFCC’s lawyer Rotimi Oyedepo, Agaba admitted that his daughter Pamela brought food and fruits to him at EFCC.
He also admitted that NIMASA’s legal officer came to stand surety for him, and he was released on bail to the lawyer on August 20.
Agaba said he would not be surprised if it was shown to him that Olayinka signed a visitor’s register having come to see him. He said he was cautioned before making the statement.
When Oyedepo asked him to identify anywhere in the statement where EFCC operatives asked him to confess to the crime, he said he was never forced to admit to the crime.
Asked if he made any official complaint to EFCC chairman about being maltreated, or filed any fundamental rights suit, or petitioned the National Human Rights Commission, Agaba said he did not.
“I didn’t make any formal report that I was maltreated,” he said.
The trial-within-trial continues today.
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Ex-NIMASA chief asks court to quash charges
A former Nigerian Maritime Administration and Safety Agency (NIMASA) Director-General Raymond Omatseye has urged the Federal High Court in Lagos to quash the criminal charges against him.
Omatseye was tried by the Economic and Financial Crimes Commission (EFCC) on 27-count charges bordering on alleged contract rigging.
He was accused of contract splitting involving about N1.5 billion, which violate Section 58(4) (d) of the Public Procurement Act 2007 and Section 14(a) of the Money Laundering (Prohibition) Act, 2004. He pleaded not guilty to all the counts.
Adopting the defendant’s written address in the six-year-old case, Omatseye’s lawyer Onyeke Edoka said the prosecution could not prove the allegations.
He said Omatseye proved his innocence sufficiently, adding there was evidence that he did not commit the crime.
According to him, Omatseye has proven beyond all doubts that he was being persecuted. He said of the 27 count charges, 25 had to do with contract award above threshold.
He said the Bureau for Public Procurement (BPP), in a letter to former President Goodluck Jonathan in 2013, absolved Omatseye of any wrong doing.
He said the letter, tendered before the court, showed that his client did not approve contracts above his threshold as EFCC alleged.
“The defendant, pushing for due process in the award of contract at NIMASA, set up Procurement Tenders Board to monitor the award of contracts,” he said.
On the remaining two counts, which deal with bid rigging, Edoka said for the crime to be proven, more than an individual must be involved.
He referred the court to Paragraph 58 (10), paragraphs A and B of the Procurement Act, which defines bid rigging.
Onyeke said: “The Act states that there must be between two to three people before the case of bid rigging must be established.
“The prosecution failed to bring to the court other people involved in the alleged crime,” he said, urging the court to dismiss the counts.
Edoka further argued that some documents before the court were missing, adding that they were deliberately not provided by the prosecution because it knew Omatseye has no case to answer.
But EFCC’s lawyer, Godwin Obla (SAN), said the commission proved its case beyond doubt, therefore, the judge should find the accused guilty as charged.
He said there was evidence the defendant approved contracts beyond his threshold of N2.5 million and N5 million.
“My Lord, the evidence brought to the court shows that the contracts were awarded by the accused knowing his limit. He deliberately approved above his limit, throwing to the dustbin the BPP directive,” he said.
Justice Rita Ofili-Ajumogobia adjourned until May 9 for judgment.
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Ex-NIMASA chief admitted to N20m bail
Justice Raliat Adebiyi of a Lagos High Court sitting in Igbosere yesterday granted a former Director-General, Nigerian Maritime Administration and Safety Agency (NIMASA), Patrick Akpobolokemi, and four others bail of N20 million each in a N754,740,680 alleged fraud case.
Akpobolokemi and six other employees of the agency were arraigned by the Economic and Financial Crimes Commission (EFCC) for allegedly stealing N754,740,680 belonging to NIMASA.
The 13-count charge LD/2181C/15 filed before Justice Adebiyi bordered on allegations of stealing and forgery.
Akpobolokemi was arraigned alongside Captain Ezekiel Agaba, Ekene Nwakuche, Governor Amechee Juan, Vincent Udoye, Captain Adegboyega Sahib Olopoenia and a company, Gama Marine Nigeria Limited.
The 1st to 5th defendants (Akpobolokemi, Captain Agaba, Nwakuche, Juan, Udoye) were alleged to have between October 30, 2014 and May 6, 2015 converted to their personal use N346,844,680 property of NIMASA released to them for the implementation of Voluntary International Maritime Organisation Member State Audit Scheme (VIMSAS).
They were also alleged to have on or about May 28, 2015 with a dishonest intent converted to their own use the sum of N257,000,000.00 released for the implementation of VIMSAS.
The defendants were alleged to have with intent to defraud knowingly forged a document titled “Re: Request For Payment as consultant for VIMSAS Administration Services” dated May 25, 2015, purported to have been issued by Aroward Consulting Limited.
The offences were said to be contrary to Section 409 and punishable under Section 285(1) of the Criminal Code Laws of Lagos State 2011.
They were also alleged to have forged a document titled : Re: Final Invoice for Consultancy services with respect to the development of VIMSAS Implementation framework, Reviews and Updates” dated April, 28, 2015.
Specifically, Captain Olopoenia, Udoye, and Gama Marine Nigeria Limited were alleged to have on February 2, 2015, with a dishonest intent converted to their own use the sum of N16,000,000.00 property of NIMASA.
However, all of the defendants pleaded not guilty and their counsels urged the court to admit them to bail on the existing conditions for which they were given bail in sister cases pending before the Federal High Court.
Addressing the court, Dr. Joseph Nwobike (SAN), counsel to Akpobolokemi (1st defendant), informed the court that his client is facing three other similar charges before the Federal High Court in Lagos and had been granted bail.
He submitted that the Administration of Criminal Justice Law (ACJA) encourages judicial officers to grant bail in liberal terms and conditions.
He urged the court to stand on the existing bail conditions granted Akpobolokemi adding that there were sufficient materials before the court to enable it grant bail to the first defendant.
Nwobike also drew the attention of the court to a ruling delivered by Justice Onigbanjo of an Ikeja High Court where an accused person was granted bail based on existing conditions of bail granted by another court.
The other defence counsels aligned with the submissions of Nwobike and moved for bail in liberal terms.
However, in her ruling, Justice Adebiyi refused the request to admit the defendants to bail based on the stated conditions.
She held that it would be practically impossible for her to compel the sureties to produce the defendants if they (defendants) absconded.
Justice Adebiyi, however, granted the first to fifth defendants bail in the sum of N20 million with two sureties in the like sum.
She also granted the sixth and seventh defendants bail in the sum of N2 million with two sureties in the like sum.
The sureties must be gainfully employed and must reside in Lagos State. The sureties are to swear to an affidavit of means to be verified by the court.
The matter was adjourned till February 24, 26, 29 and March 18, 21 respectively for trial.
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Ex-NIMASA chief: I didn’t influence procurement process
A former Director-General of the Nigeria Maritime Administration and Safety Agency (NIMASA), Temisan Omatseye, yesterday told the Federal High Court in Lagos that he did not interfere with procurement process at the agency.
Omatseye, who has been on trial for contract rigging since 2010, spoke while being cross examined by counsel for the Economic and Financial Crimes Commission (EFCC) Godwin Obla (SAN) before Justice Rita Ofili-Ajumogobia.
“My Lord, I didn’t rig any bidding process while I was director-general of NIMASA. Every bidding process was handled by the Procurement Department. I only signed what was brought to me for approval. In fact, my lord, that is why the Procurement Act was created.
“It separated the duties of the director-general from that of the director of Procurement. I never interfered with the process. If I did, I would be going against the Procurement Act,” he stated.
On how the N100 million quoted by Daniels Holdings for the supply of generating sets increased, Omatseye said the Procurement Act allowed the agency to add value added tax (VAT), procurement tax, interest tax and others.
“That is how we arrived at N129 million, though we didn’t purchase the generating set,” he said, adding that the contract was cancelled.
Insisting that the documents before the court were incomplete, Omatseye explained that every memo to his office must go through the registry, which stamped it before sending it to his office.
“Having received it from the registry department, I will then minute it to the necessary office, which works on it. But my lord, the document before me here has none from that department. Even their stamp is not in any of the documents before me here in court,” he said.
Trial continues on Friday.