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Tag: ex-NIMASA D-G

  • Alleged diversion of funds: Ex-NIMASA D-G to make no-case submission

    Alleged diversion of funds: Ex-NIMASA D-G to make no-case submission

    •EFCC closes case

    THE Economic and Financial Crimes Commission (EFCC) yesterday closed its case in the trial of former Nigerian Maritime Administration and Safety Agency (NIMASA) acting Director-General Calistus Obi over alleged diversion of funds.

    Obi was arraigned in April on eight counts of converting N378,810,000 from NIMASA along with Dismass Alu Adoon, Grand Pact Limited and Global Sea Investment Limited.

    His lawyer Wole Akoni (SAN) said his client might make a no-case submission, in which no witnesses would be called by the defence.

    Obi was arraigned on the same day as another former acting NIMASA D-G, Haruna Jauro, who was accused of converting N304.1 million from NIMASA.

    Jauro, who was NIMASA’s Executive Director, Finance and Administration, had opted to enter a plea bargain with EFCC, the process of which is still ongoing.

    Obi, a former NIMASA Executive Director, Maritime Labour and Cabotage Service, took over from former D-G Patrick Akpobolokemi, who is facing five separate fraud and theft charges. Obi acted for about a week before he was replaced by Jauro.

    Obi, Global Seal and Grand Pact were said to have converted N42,755,000.00 on December 24, 2013. On May 2, 2013, he converted N25,000,000, as well as N46.3 million between April 1 and December 11, 2014.

    EFCC said the money was proceed of stealing. The defendants pleaded not guilty to all the counts.

    Yesterday, prosecution counsel Mr. Nkereuwem Anana said EFCC had no more witnesses to call.

    While being cross-examined by defence counsel Mr. Wale Akoni (SAN), the last prosecution witness, an EFCC investigator, Mr. Chukwuma Orji, said Obi was not signatory to NIMASA’s Access Bank Plc account.

    Orji said: “The first accused is not a signatory to the account, but the mandate card bears his picture.”

    Referring the witness to counts one to four of the charge, Akoni asked if any part of the N111 million mentioned in one of the charges was traced to Obi’s account.

    Orji answered: “I traced the monies to the two accused in the dock.”

    The witness added that a bureau de change operator handed the money to Adoon, who passed it to Obi.

    The witness said: “My Lord, Exhibit T8 clearly shows how the said amount of money left NIMASA under the instruction of the accused.”

    Under examination by Adoon’s lawyer Dr. Joseph Nwobike (SAN) on whether he (Adoon) was a signatory to any of the accounts, the witness replied: “No”.

    On whether there were documents to show that payments were made to Adoon from NIMASA, the witness said Obi made several conflicting statements to the EFCC, which portrayed him as insincere.

    Akoni informed the court that he intends to file a no-case submission in response to the charge.

    A no-case submission is a term whereby a defendant seeks acquittal without having to present a defence.

    Nwobike said he would review the evidences already given, in order to know whether to tow the same line with Akoni.

    Justice Mojisola Olatoregun-Ishola adjourned until December 15.

  • Ex-NIMASA D-G proposes plea bargain with EFCC

    Ex-NIMASA D-G proposes plea bargain with EFCC

    Nigeria Maritime Administration and Safety Agency (NIMASA) former acting Director-General Haruna Jauro yesterday proposed to enter a plea bargain agreement with the Economic and Financial Crimes Commission (EFCC).

    The commission arraigned him at the Federal High Court in Lagos for alleged N304.1 million fraud.

    Jauro is among four ex-NIMASA chiefs charged with corruption-related offences.

    Others are Patrick Akpobolokemi, Calistus Obi and Temisan Omatseye, who was convicted.

    Obi, ex-NIMASA’s Executive Director, Maritime Labour and Cabotage Service, took over from Akpobolokemi, who is facing five separate fraud charges.

    Obi was relieved of his duties less than a week later and replaced by Jauro, who was Executive Director, Finance and Administration.

    Jauro was charged with Dr. Dauda Bawa and Thlumbau Enterprises Limited on 19 counts of converting N304.1 million belonging to NIMASA.

    EFCC said they conspired on January 6, 2014, to convert N156,477,500 belonging to NIMASA, knowing the money was stolen.

    They also allegedly converted N38,170,000 between June 3 and September 1, 2014, “knowing that the sums were proceeds of stealing, and thereby committed an offence contrary to Section 15 (1) of the Money Laundering (Prohibition) (Amendment) Act, 2012 and punishable  under Section 15(3).”

    EFCC said on May 30 and August 14, 2014, they converted N8,500,000.00, property of NIMASA. The prosecution said they did so “knowing that the sums were proceeds of bribery”.

    The defendants had pleaded not guilty to all counts when they were arraigned, with EFCC opening its case.

    Trial was billed to resume yesterday before Justice Mojisola Olatoregun-Ishola, but defence counsel Babajide Koku (SAN) said his client had begun plea bargain talks with the prosecution.

    He told the judge that the defence took the decision yesterday.

    “It (plea bargain decision) came up this morning. I discussed directly with my learned friend (prosecution counsel) this morning,” Koku said.

    EFCC’s lawyer Rotimi Oyedepo confirmed the development.

    He said: “I confirm the intention of the defence to enter a plea bargain with the prosecution.”

    Justice Mojisola Olatoregun-Ishola urged the parties to reach an agreement without delay.

    “By the time you come back, you would have filed the plea bargain agreement and I would have looked at it and evaluated it,” she said.

    The judge adjourned until November 21.

  • Court grants ex-NIMASA D-G post-conviction bail

    Court grants ex-NIMASA D-G post-conviction bail

    The Federal High Court in Lagos yesterday granted a post-conviction bail to former Nigerian Maritime Administration and Safety Agency (NIMASA) Director-General Raymond Temisan Omatseye.

    Justice Rita Ofili-Ajumogobia granted him bail on the “single consideration” of Omatseye being a parent with a sick child.

    The bail bond is for N500,000 with two sureties in like sum, one of which must be a civil servant no below grade level 16.

    The judge directed Omatseye to deposit his international passport with the court.

    Justice Ofili-Ajumogobia had on May 20 sentenced him to a prison term of five years and dismissed him from public service for awarding contracts above threshold while in office.

    Omatseye, who is challenging the verdict at the Court of Appeal, prayed the court to grant him bail pending the determination of his appeal.

    According to him, given the number of years it takes to prosecute appeals, it was likely that he could have finished serving the prison term by the time the appeal is determined.

    Besides, Omatseye said he is a father of four children, one of whom is very ill.

    He said the child suffers from “severe medical conditions of epilepsy, atypical hypertrophic cardiomyopathy with mitral regurgitation, artrial fibrillation, enuresis, severe learning difficulties and development delays.”

    His wife, he added, stays full time in London with the sick child to enable him get proper medical attention.

    In his wife’s absence, he has been providing parental care to the remaining three children in Nigeria.

    Omatseye said he would not run away if granted bail.

    He said he was always in court during trial, adding that he was granted bail after his arraignment on self-recognition, having been a lawyer for 28 years.

    But, the Economic and Financial Crimes Commission (EFCC) opposed the application, saying the post-bail application was “based on appeal to pity and extraneous circumstances.”

    The prosecution said bail after conviction is only granted on the basis of very special and exceptional circumstances.

    “In the present application, no exceptional or very special circumstances have been shown to entitle the applicant to bail pending appeal,” EFCC said.

    Ruling yesterday, Justice Ofili-Ajumogibia said Omatseye deserved bail only for the sake of his sick child.

    According to the judge, “being a mother,” she knows how much children need their parents.

    “I admit the defendant to bail based on one single consideration of being a parent. Being a parent is a very, very important vocation, an important venture that should not be played around with.

    “If you take somebody’s child, that person will come after you, even if he is a mad person.

    “I admit the defendant to bail in the sum of N500,000, production of two sureties in like sum.

    “One of them must be a civil servant of not less than level 16 standing. He shall deposit his international passport in the court. This is my ruling,” the judge held.

  • EFCC arraigns ex-NIMASA D-G on fresh N2.6b ‘theft’, fraud charges

    EFCC arraigns ex-NIMASA D-G on fresh N2.6b ‘theft’, fraud charges

    The Economic and Financial Crimes Commission (EFCC) yesterday arraigned a former Director-General of the Nigerian Maritime Administration and Safety Agency (NIMASA), Patrick Akpobolokemi, on a new charge of converting N2.6billion.

    He was also accused of defrauding the Federal Government to the tune of N795.2million.

    Akpobolokemi was arraigned before Justice Ibrahim Buba along with three others – Captain Ezekiel Agaba, Ekene Nwakuche, Governor Juan – and three companies, namely, Blockz and Stonz Limited, Kenzo Logistics Limited and Al-Kenzo Logistic Limited.

    In a 22-count charge, they were accused of converting a total of N2,658,957,666 between December 23, 2013 and May 28 this year. The defendants pleaded not guilty to all the counts.

    Akpobolokemi and nine others, including two companies, were earlier arraigned before Justice Saliu Saidu of the same court on Thursday.

    They were accused of conspiring among themselves to convert N3.4billion belonging to NIMASA. They had also pleaded not guilty.

    In the November 23 charge signed by Festus Keyamo and Rotimi Iseoluwa, EFCC said Akpobolokemi, Agaba, Nwakuche and Juan conspired to convert and converted N437.7million between December 23, 2013 and March 13, 2014 in Lagos.

    The money, which the agency said belongs to NIMASA, “was derived from stealing”.

    The alleged offences contravene Section 18 (a) of the Money Laundering (Prohibition) (Amendment) Act 2012 and punishable under Section 15 (3) of the same Act.

    They were also accused of converting N525,000,000 on November 6, 2014 and N402,480,000 between February 5, 2014 and March 13, 2014.

    The defendants were also accused of inducing the Federal Government to approve and deliver to NIMASA the sum of N795,200,000 under the false pretence that the sum represented the cost for the implementation of the International Ship and Ports Security Code in Nigeria Ports.

    The offence, EFCC said, flouted Section 8 (a) of the Advance Fee Fraud and Other Fraud Related Offences Act 2006 and punishable under Section 1 (3) of the Act.

    The prosecution also alleged the defendants “did conspire among yourselves to commit an offence, to wit: conversion of the sum of N176,000,000, property of NIMASA,” among others.

    After pleading not guilty to all the counts, prosecution lawyer, Rotimi Iseoluwa, urged the court to remand the accused person in prison, adding that EFCC was ready for trial.

    But defence counsel, Dr Joseph Nwobike (SAN), said he had a bail application on the defendants’ behalf. He prayed the court to grant the defendants bail.

    Ruling, Justice Buba granted them bail in the sum of N50million, with one surety each in like sum.

    The surety, he said, must have a landed property in Lagos and must present evidence of current tax clearance.

    The judge said the defendants must deposit their international passports with the court and must not travel outside Nigeria without permission.

    Justice Buba said the trial would be held day-to-day until judgment, saying he would not tolerate any delays by any of the parties.

    He adjourned till Monday for commencement of trial.