The Nation Newspaper

Tag: Ezekiel Agaba

  • ‘Firm was paid N138m by NIMASA for no job’

    The Federal High Court in Lagos on Monday heard that N138.5 million was paid to a company in 2014 by the Nigerian Maritime Administration and Safety Agency (NIMASA) despite not executing any contract.

    Fredrick Ugor, an engineer at NIMASA, told Justice Ayokunle Faji that he worked in the company before joining the agency.

    He testified at the trial of former NIMASA Director-General Dr Patrick Akpobolokemi and five others.

    They were charged with N3.4 billion fraud.

    Ugor said the funds were lodged in the company’s account by NIMASA’s Committee on Intelligence (COI) at different times in 2014.

    He said he used Peniel Engineering Ltd for his services while also working as the Special Assistant to the Rivers State House of Assembly Speaker before he joined NIMASA.

    “I know Peniel Engineering Ltd. It is owned by my friend, Engineer Jolly James, while I was in Port-Harcourt.

    “It was the platform I was using for my business. The company is into maritime logistics, construction of roads and schools, etc.

    “It was not into intelligence gathering activities,” the witness said.

    He confirmed that N20 million, N35 million, N13 million, N35 million, N6 million, N22 million and N7.5 million were paid into the company’s account at different times in 2014 by COI.

    He told the court that the committee was set up by NIMASA’s management to gather intelligence aimed at stopping nefarious activities in the country.

    Ugor said he was not a member of the committee.

    “I did not know COI is in existence. I also know in the course of interrogation that the company’s account details were made available to the Committee by my Director, Captain Warredi Enisouh (fifth defendant). I gave it to him.

    “Peniel Engineering Ltd did not indulge in any intelligence gathering for NIMASA to warrant any payment into the company’s account,” he said.

    Akpobolokemi was charged along with Ezekiel Agaba, Ekene Nwakuche, Felix Bob-Nabena, Captain Warredi Enisouh and a firm, Al-kenzo Ltd, on a 22-count charge of converting N3.4 billion belonging to NIMASA for personal use.

    The defendants were said to have committed the alleged offence between December 2013 and July 2015.

    The Economic and Financial Crimes Commission (EFCC) said they breached Sections 15 (1), (3), and 18 (a) of the Money Laundering (Prohibitions) Amendment Act, 2012.

    They pleaded not guilty.

    The trial continues tomorrow.

  • N2.6bn fraud: “you have a case to answer” court tells Akpobolokemi, others

    N2.6bn fraud: “you have a case to answer” court tells Akpobolokemi, others

    A Federal High Court Lagos, on Monday, overruled a no case submission by former Director General of the Nigerian Maritime Administration and Safety Agency ( NIMASA ), Patrick Akpobolokemi, charged with N2.6 billion fraud.

    The Economic and Financial Crimes Commission ( EFCC ) had on Dec. 4, 2015, arraigned Akpobolokemi alongside five others, for allegedly diverting N2.6 billion from the coffers of NIMASA between December 2013 and May 2015.

    EFCC claimed the funds were approved by ex-President Goodluck Jonathan for the implementation of a security project.

    Also charged along with Akpobolokemi are: Ezekiel Agaba, Ekene Nwakuche, Governor Juan, Blockz and Stonz Ltd and Al-Kenzo Logistic Ltd.

    The accused had pleaded not guilty to the 22 charges pressed against them.
    The prosecution had then opened its case and during trial, called a total of 12 witnesses and tendered 77 exhibits in a bid to establish its case.

    After the prosecution closed its case, the accused, 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.

    They had urged the court to uphold the no case submission and discharge the accused.

    Delivering his ruling on Monday, the trial judge, Justice Ibrahim Buba noted that a plethora of cases had been cited by learned counsel in arguing their application for a no case submission.

    Buba, however, pointed out that in delivering ruling on such no case submission the court is enjoined to keep its ruling as short as possible.

    He said:“There are a plethora of cases listed by counsel, but the court is enjoined not to write its ruling as if it is writing its final judgment, but must keep its ruling as short as possible”.

    Buba held that the charge was before the court and its ingredients are clear.

    “The court therefore, cannot see the fuse in the argument that the prosecution has not made out a prima facie case against the defendants.

    “When a judge is faced with a ruling on a no case submission, it is permissible for the ruling to be brief and simply read: “you have a case to answer.

    “Consequently, the no case submission fails and is hereby overruled”.

    The court therefore, adjourned the case to Oct. 30, Nov. 7 and Nov. 9 for the defence to open its case.

    Akpobolokemi’s no-case submission, his lawyer, Mr Joseph Nwobike (SAN), had contended that the EFCC failed to link his client with the alleged diversion of funds from NIMASA.

    He added that his signature to such effect was never shown to the court, as such the first accused could not be held liable because he did not approve the security project and money disbursed.

    Nwobike had also described the evidence given against the accused by prosecution witness, as mere hearsay with no legal weight.

    He, had therefore, urged the court to come to the conclusion, that the first accused cannot be called upon to enter any defence, because no prima facie case had been established against him.

    Other defence counsels had also made their arguments on their no case submission.

    In response, the prosecutor, Mr. Rotimi Oyedepo, maintained that the testimonies of the 12 witnesses and 77 exhibits tendered had successfully linked Akpobolokemi to the alleged fraud.

    He had argued that being the head and chief accounting officer of NIMASA at the time of the alleged fraud, Akpobolokemi could not by any stretch of imagination, claim to be innocent.

    The prosecutor had further argued that even if it was the former president that approved the security project, Akpobolokemi was the head of NIMASA at the time, and constituted a committee to handle the project and also approved its funds.

    He further submitted that the prosecution had established that, rather than its intended purpose, the funds were illegally converted to the personal use of the accused.

    In the 22 count charges, the EFCC alleged that the accused induced the Federal Government to approve and deliver to NIMASA the sum of N795 million under false pretence and that the sum represented the cost for the implementation of the Security Code in Nigeria.

    The alleged offence contravened the provisions of Section 8 (a) of the Advance Fee Fraud and Other Fraud Related Offences Act, 2006.

    NAN

  • Akpobolokemi, others stole N754m with forged documents – EFCC witness

    Akpobolokemi, others stole N754m with forged documents – EFCC witness

    The Lagos High Court, Ikeja, heard on Tuesday how the former Director -General of the Nigerian Maritime Administration and Safety Agency (NIMASA),  Patrick Akpobolokemi and five others  forged company documents to steal N754million from the agency.

    An investigating officer with the Economic and Financial Crimes Commission (EFCC), Mr. Chukwuma Orji, disclosed this while being led in evidence by EFCC prosecutor, Rotimi Oyedepo, before Justice Raliat Adeniyi.

    Akpobolokemi’s co-defendants are – Ezekiel Agaba, a former Executive Director of NIMASA, Ekene Nwakuche, Governor Juan, Vincent Udoye, Adegboyega Olopoenia and a company — Gama Marine Nigeria Limited.

    Orji said the documents of a consulting firm, Arrow World Consulting, were forged.

    He said the real owner of the consulting company had unsuccessfully bidded for a NIMASA contract in the past.

    Oyedepo had alleged that Akpobolokemi and other accused persons used the company name to facilitate the NIMASA fraud.

    The witness said Arrow World Consulting is located at 1004 Housing Estate, Victoria Island, Lagos.

    He said in the forged document, the company address was given as Plot 6, Kudirat Abiola Way, Ikeja, Lagos.

    “The account of Arrow World Consulting was opened in Zenith Bank using forged documents, the number of the account is 1014150798,” he stated.

    The witness said Arrow World Consulting never carried out any consultation services for NIMASA, adding that the funds were paid into the account operated by Nwakuche and Juan in connivance with Agaba.

    Orji added: “N257million was transferred into the account of Arrow World from the Vimsat Committee account of NIMASA.

    “The funds were paid into the account in conspiracy with Akpobolokemi, the Director-General and Agaba the Executive Director of NIMASA.

    “There was a NIMASA memo dated May 5, 2015 signed by Agaba, authorising the payment of the N257million into the account. The instructions were given to the Bar Beach branch of Zenith Bank.

    “The documents including a letter listing Arrow World’s address at Plot 6 Kudirat Abiola Way, Ikeja, Lagos, and signed on behalf of Agaba, by Juan were all forged.”

     

     

  • Akpobolokemi: NIMASA employees’ statements to EFCC voluntary – Court

    Akpobolokemi: NIMASA employees’ statements to EFCC voluntary – Court

    A Lagos High Court, Ikeja, on Friday ruled that statements of two ex-employees of the Nigerian Maritime Administration and Safety Agency (NIMASA) — Ezekiel Agaba and Ekene Nwakuche — to the Economic and Financial Crimes Commission (EFCC) were voluntary.

    Agaba, a former Executive Director of NIMASA and Nwakuche, a Personal Assistant, had alleged that their statements to EFCC were made under duress and therefore inadmissible.

    They alleged that an EFCC investigator, Orji Chukwuma, had coerced them into writing incriminating statements during interrogation at the Commission’s office.

    Agaba and Nwakuche are arraigned alongside Patrick Akpobolokemi, a former Director-General of NIMASA and four others on a 13-count charge of conspiracy to steal, fraud and stealing of N754 million belonging to NIMASA.

    The others are Governor Juan, Vincent Udoye, Adegboyega Olopoenia and a company — Gama Marine Nigeria Limited.

    They all denied the charges.

    The EFCC counsel, Rotimi Oyedepo, had objected to the defence counsel, Mr E.D. Onyeke’s submission that the statements were in their original form and relevant to the facts of the case.

    NAN

     

     

  • Ex-NIMASA chief: EFCC forced me to make a statement

    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.