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Tag: NIMASA

  • Freight forwarders back NIMASA’s Anti-Piracy Bill

    Freight forwarders back NIMASA’s Anti-Piracy Bill

    Some freight forwarders on Monday urged the Nigerian Maritime Administration and Safety Agency (NIMASA) to ensure that the Anti-Piracy Bill before the National Assembly becomes a reality.

     

    The freight forwarders made the plea in separate interviews with the News Agency of Nigeria (NAN) in Lagos.

     

    They said that the bill, if passed would among other things, restore the nation’s maritime business-friendly status.

     

    A clearing agent, Mrs Jane Oparaeke, said that it would be a dream comes through to see the nation’s waterways regaining its safety status enjoyed in the early 80s.

     

    She said that with NIMASA at the forefront of the campaign, “there is every hope of the bill scaling the hurdle in the National Assembly’’.

     

    “It is now the duty of other stakeholders to encourage the drive that will make the nation’s ports the hub of maritime in West Africa sub-region,’’ she told NAN.

     

    The Logistics Manager, Red-Line Shipping, Mr Inuwa Omika, said that if the bill is passed, the apprehension by shippers bringing their goods to Nigeria, would be eliminated.

     

    “Passing the bill will go a long way in enabling high inflow of goods into the country,’’ Omika said.

     

    A freight forwarder, Mr Joseph Asika, urged the law enforcement agents in charge of the nation’s water ways to be more proactive.

     

    Asika suggested that the security agencies should be more vigilant to stop piracy and armed robbery at sea.

     

    A Client Services officer at Denca Services Ltd., Mr Stanley Momma, noted that shippers patronising Nigeria’s neighbouring seaports would come back to Nigerian ports “if the conditions become business friendly’’.

  • N.775b NIMASA suit stalled as court rejects Keyamo’s lawyer

    N.775b NIMASA suit stalled as court rejects Keyamo’s lawyer

    Lagos High Court in Igbosere, yesterday, stopped a representative of Festus Keyamo from prosecuting a N754,740,680.00 fraud suit filed against a former Director-General of Nigeria Maritime Administration Safety Agency, (NIMASA) Patrick Akpobolokemi and six others.

    Justice Raliat Adebiyi ruled that Marcel Umeh, a counsel in Keyamo’s chambers, did not have the fiat of the attorney-general of the federation through the Economic and Financial Crimes Commission (EFCC) to prosecute the defendants.

    Akpobolokemi is being tried on a 13-count charge of stealing and forgery.

    His co-defendants are Captain Ezekiel Agaba, Ekene Nwakuche, Amechee Juan, Vincent Udoye, Captain Adegboyega Sahib Olopoenia and a company, Gama Marine Nigeria Limited.

    The EFCC was to continue its trial of the defendants yesterday, with its regular counsel, Mr. Rotimi Oyedepo, expected in court.

    But Oyedepo was unavailable and Umeh announced his appearance for the prosecution.

    “I’m ready to go on and I have my witnesses,” he stated.

    Umeh was stopped from calling his first witness by counsel to the second defendant, Mr. E. D. Onyeke, who observed that Umeh had no authority to prosecute the case on behalf of the government or Keyamo.

    Onyeke said Oyedepo had informed him that he would not be available and that the case would not go on yesterday.

    He said: “Mr. Marcel Umeh works in Festus Keyamo’s Chambers and not the Ministry of Justice or the EFCC.

    “If Keyamo has a fiat from the AGF to prosecute this matter and Oyedepo, an employee of the EFCC, also has the authority to prosecute, it does not apply to Mr. Marcel. Mr. Marcel is only Keyamo’s employee and not that of the EFCC.

    “Mr. Marcel is a private lawyer and he cannot prosecute this matter as a private lawyer.”

    Onyeke said any proceedings effected by Umeh would be a nullity and it would be in the interest of justice to avoid any procedural error.

    He added: “Umeh cannot appear in this case because he does not have the fiat and does not work for the Federal Government.

    “If he produces a fiat, we can proceed with today’s proceedings.”

    His submission was adopted by lawyers to the other defendants, who urged the court to expunge Umeh’s appearance from the records.

    Umeh admitted he did not have the AGF’s fiat to handle the matter, but insisted the defendants had no locus to question his appearance.

    He said: “It is settled law that when a lawyer appears, it is taken for granted that he has the fiat of his principal to appear. The right person to contest my appearance for the prosecution is the AGF, not the defendants.”

    Justice Adebiyi upheld the defendants’ counsel’s submission.

    The judge ruled: “Learned counsel for the prosecution conceded that he has no fiat to prosecute this matter.

    “A fiat cannot be delegated; Marcel Umeh cannot handle this matter unless with the fiat of the AGF. This case is adjourned till Keyamo or a staff of the EFCC can attend court to prosecute it.”

  • Court bars Keyamo’s lawyer from Akpobolokemi’s trial

    Court bars Keyamo’s lawyer from Akpobolokemi’s trial

    A Lagos State High Court sitting in Igbosere on Wednesday stopped a representative of Mr. Festus Keyamo from prosecuting a N754, 740,680.00 fraud suit filed against a former Director-General of Nigeria Maritime Administration Safety Agency (NIMASA), Patrick Akpobolokemi and six others.

    Justice Raliat Adebiyi ruled that Marcel Umeh, a counsel in the chambers of Keyamo, did not have the fiat of the Attorney-General of the Federation through the Economic and Financial Crimes Commission (EFCC) to prosecute the defendants.

    The judge adjourned the case till April 3 for continuation of trial.

    Akpobolokemi is standing trial on a 13-count charge bordering on stealing and forgery.

    His co-defendants are Capt. Ezekiel Agaba, Ekene Nwakuche, Governor Amechee Juan, Vincent Udoye, Captain Adegboyega Sahib Olopoenia and a company, Gama Marine Nigeria Limited.

    The EFCC was billed to continue its trial of the defendants on Wednesday afternoon and it was expected that its regular counsel, Mr. Rotimi Oyedepo, would appear in court.

    However, Oyedepo was not available when the matter was called and Umeh announced his appearance for the prosecution.

    “I’m ready to go on and I have my witnesses,” he stated.

    Umeh was then interrupted from calling his first witness by counsel to the second defendant, Mr. E. D. Onyeke, who observed that Umeh had no authority to prosecute the case on behalf of the government or Keyamo.

    Onyeke informed the court that he had earlier been notified by Oyedepo that he would not be available and that the case would not continue on Wednesday.

    He said: “Mr. Marcel Umeh works in Festus Keyamo’s Chambers and not the Ministry of Justice or the EFCC.

    “If Keyamo has a fiat from the Attorney-General to prosecute this matter and Oyedepo, an employee of the EFCC, also has the authority to prosecute, it does not apply to Mr. Marcel. Mr. Marcel is only Keyamo’s employee and not that of the EFCC.

    “Mr. Marcel is a private legal practitioner and he cannot prosecute this matter as a private legal practitioner.”

     

  • Akpobolokemi, others ‘converted N1b for personal use’

    Akpobolokemi, others ‘converted N1b for personal use’

    The Federal High Court in Lagos on Monday heard that a former Nigerian Maritime Administration and Safety Agency (NIMASA) Director-General, Patrick Akpobolokemi and others allegedly converted over N1 billion belonging to the agency to their personal use.

    An Economic and Financial Crimes Commission (EFCC) investigator, Chukwuma Orji, said the money was diverted through different companies and direct withdrawals.

    He was testifying in Akpobolokemi’s trial before Justice Ibrahim Buba of the Federal High Court in Lagos.

    Akpobolokemi was charged alongside a former Executive Director, Maritime Safety and Shipping Development at NIMASA, Captain Ezekiel Agaba, his aides Ekene Nwakuche and Governor Juan as well as Blockz and Stonz Limited, Kenzo Logistics Limited and Al-Kenzo Logistic Limited.

    They were accused of converting N2,658,957,666 between December 23, 2013 and May 28 last year.

    They pleaded not guilty to the charge.

    Orji said the commission received intelligence that there was “monumental fraud” perpetrated by Akpobolokemi using funds meant for a NIMASA committee on International Ship and Port Facility Security  (ISPS) Code.

    He said: “NIMASA was appointed the designated ISPS agent in Nigeria on May 23, 2013. Akpobolokemi set up a committee on ISPS chaired by Captain Agaba.

    “On October 2, 2013, Akpobolokemi applied to President Goodluck Jonathan through the Office of National Security Adviser (ONSA) headed by Col. Sambo Dasuki (rtd) for N1,123,400,000 for the implementation of ISPS Code.

    “On November 4, 2013, President Jonathan through the NSA approved the money. The approval was signed by Dasuki. The fund was released to NIMASA.

    “On January 3, 2014, the money was transferred from NIMASA to the Committee on ISPS account in which Agaba and others are signatories based on Akpobolokemi’s directive.

    “Out of the sum slated for ISPS, the sum of N1,000,258,666 was fraudulently converted by the accused persons and their accomplices in a grand conspiracy,” the witness said.

     

  • NLNG in fresh bid to settle tax dispute with NIMASA

    NLNG in fresh bid to settle tax dispute with NIMASA

    THERE are fresh plans to settle the tax dipute between the Nigerian Maritime Administration and Safety Agency (NIMASA) and the Nigeria Liquefied Natural Gas Limited (NLNG). The issue has lingered since 2013.

    NLNG Managing Director/Chief Executive Officer, Babs Omotowo told The Nation that the company plans to urge the Transportation Minister Rotimi Amaechi and NIMASA Director-General Dakuku Peterside to engage the lawyers handling the case to fast-track it so that the court will give its judgment and end the feud.

    Omotowa said: “We have met with the Minister of Transportation, Rotimi Amaechi and explained the situation to him. He was keen to see how he can work and get NIMASA to work with us to get the case resolved because for us, the more important thing is to resolve the case.

    “Whatever the court says will stand. If the court says we are right, we do it, and if it says we are wrong, so be it but at least let there be a legal decision on it.

    “Amaechi was supportive of trying to work with us to be able to get the lawyers to let the case be heard and that way it will be followed up. Now that there is a new director-general in NIMASA, we plan to meet with him and the minister to get all the lawyers to let the case be heard and not just continue to linger.”

    NLNG and NIMASA had been locked in legal battle since 2013 over the issue of non-payment of certain statutory levies and charges which NIMASA claims are due to it from the NLNG. NIMASA wants to be collecting the three per cent of gross freight earnings or any other sums further to section 15(a) of NIMASA Act 2007 on all of NLNG’s international inbound or outbound cargo ships.

    The NLNG (fiscal incentives, guarantees and assurances) Act gave a pioneer status to the Company and Section 2 gave it a tax relief period of 10 years. As stated, “Notwithstanding the provisions of section 10 of the Industrial Development (Income Tax Relief) Act, the tax relief period of the company shall commence on the production day of the company and shall continue for a period of 10 year. However, the tax relief period shall terminate when the cumulative average sales price of liquefied natural gas reaches $3 per Million Metric British Thermal Units as calculated in the First Schedule to this Act in accordance with which such calculation shall only be made annually at each anniversary date.”

    The NLNG Act further states: “Without prejudice to any other provision contained herein, neither the Company nor its shareholders in their capacity as shareholders in the Company, shall in any way be subject to new laws, regulations, taxes, duties, imposts or charges of whatever nature which are not applicable generally to companies incorporated in Nigeria or to shareholders in companies incorporated in Nigeria.”

    The Act establishing NIMASA – that is NIMASA Act 17 of 2007 merged the National Maritime Authority and the Joint Maritime Labour Industrial Council (JOMALIC).  Section 2 (1) of the Act states: “This Act shall apply to ships, small ships and crafts registered in Nigeria and extend to ships, small ships and crafts flying a foreign flag in the exclusive economic zone, territorial and inland seas, inland waterways and in the ports of the Federal Republic of Nigeria. But it further said that, “This Act does not extend to warships and military patrol ships,” which are the only ships exempted from NIMASA’s jurisdiction.

    On funding of NIMASA, the Act provides that the organisation, “Shall be funded by monies accruing to it from three per cent of gross freight on all international inbound and outbound cargo from ships or shipping companies operating in Nigeria among others.”

     

  • How NIMASA’s N1.5b was moved into accounts, by witness

    AN Economic and Financial Crimes  Commission (EFCC) witness, Teslim Ajuwon, yesterday told a Lagos State High Court sitting in Igbosere that over N1.5billion was transferred from Nigerian Maritime Administration Safety Agency (NIMASA) bank account into that of four companies.

    Ajuwon, a compliance officer with a new generation bank, testified before Justice Raliat Adebiyi as the first prosecution witness in a N754,740,680.00 fraud suit brought against a former Director-General of NIMASA, Patrick Akpobolokemi, and six others.

    The others are Captain Ezekiel Agaba, Ekene Nwakuche, Governor Amechee Juan, Vincent Udoye, Captain Adegboyega Sahib Olopoenia and a company, Gama Marine Nigeria Limited.

    They are standing trial on a 13-count, bordering on stealing and forgery, preferred against them by the EFCC.

    Ajuwon testified that on August 29, 2014, there was a transfer of the sum of N498.2million to an account belonging to Committee of Voluntary International Maritime Organisation Member State Audit Scheme (VIMSAS), while on May 20, 2015, N318 million was transferred from NIMASA into the same account.

    Led in evidence by the EFCC counsel Rotimi Oyedepo, the witness added that  on September 15, 2014, there was a transfer of the sum of N8,550,000 into the account of another company, while N11.4 million was transferred to the account of Liquid Garden Ventures Ltd, on September 29, 2014.

    Another company, Kofa Fada Nigeria Ltd, he said, got two transfers of N35 million and N61.8 million on October 30.

    On November 19, 2014, NIMASA also made an outward transfer of N4.2million into the account of Specialty Enterprises West Africa Ltd and another outward transfer of N257million in favour of Aroward Consulting Ltd on May 28, 2014.

    However, during cross-examination by Akpobolokemi’s counsel, Dr. Joseph Nwobike (SAN), the witness admitted that he could not recollect the total number of bank accounts related to the case and that Akpobolokemi was not a signatory to any of the accounts.

    He also admitted that the VIMSAS account was an official government account and that he was “not in a position to state what the account was used for.”

    Ajuwon admitted that the transfers were authorised by NIMASA, but that not being a staff of the agency, he did not know the reasons why the monies were disbursed.

    He also agreed that, based on the knowledge at his disposal, some of the defendants did not benefit from the transactions listed.

    The defendants’ counsels opposed the tendering of some documents by the prosecutor.

    They argued that the documents were private documents and needed to be recertified by the EFCC before they could be admitted in court.

    But Justice Adebiyi upheld Oyedepo’s argument that this was unnecessary.

    She ruled: “This letter is being tendered by the maker not the EFCC and it is admissible as it is. It is produced by the maker. The submission by learned counsels that the document requires double certification is unmeritorious and is therefore overruled.”

    The case was further adjourned to April 20, for continuation of trial.

    The 1st to 5th defendants 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 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.

    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, property of NIMASA.

  • The NIMASA of my dream, by Peterside

    The NIMASA of my dream, by Peterside

    Nigeria Maritime Administration and Safety Agency (NIMASA) Director-General Dr. Dakuku Peterside has assured Nigerians of his commitment to bequeathing to the agency an enduring legacy.

      The NIMASA chief  spoke yesterday on Sunrise Daily, a breakfast show on Channels Television.

      According to his Special Assistant (Media), Sylvester Asoya, he said: “My mind is focused on leaving a lasting legacy at NIMASA. I am convinced on achieving the goals I have set for myself based on my interaction with the workforce.

     “To be honest, I must say that I am impressed with the staff. I found people who are knowledgeable, dedicated and willing to work. I just feel that there was a leadership gap at some point.

     “Our plan is to make Nigeria the hub of shipping in Africa. Maritime has the capacity of being a huge revenue earner for Nigeria and I know this is possible based on our strategic location as a country.”

     He used the opportunity to relive the attempt on his life last Sunday, stressing that assassination is a serious crime that must not be swept under the carpet.

     Peterside spoke on his appearance at Mile 1 Police Station , saying it was in response to a distress call from members of his party, who were intimidated by the presence of Governor Nyesome Wike at the station.

    The NIMASA boss, who was former chair, House of Representatives Committee on Petroleum Resources, Downstream, added that his biggest desire is for peace to return to Rivers State .

  • Alleged N2.6b theft: Ex-NIMASA chiefs get new trial date

    Alleged N2.6b theft: Ex-NIMASA chiefs get new trial date

    Justice Buba of the Federal High Court in Lagos has adjourned the trial of a former Nigerian Maritime Administration and Safety Agency (NIMASA) Director-General Patrick Akpobolokemi until April 18.

    All the defendants were in court, but the judge said he could not accommodate the trial which usually lasts for hours.

    Justice Buba said he had so many cases to deal with, including rulings and judgments, before the court’s week-long Easter vacation begins next Monday.

    At the last hearing on March 10, the court heard that a former NIMASA Executive Director,

    Maritime Safety and Shipping Development, Captain Ezekiel Agaba allegedly bought a property in Lekki worth N70million using the agency’s funds.

    A prosecution witness, Eboigbe Etiosa, said he helped Agaba buy “a piece of land” in 2014 at Northern Foreshore, Lekki from one David Anazod.

    The witness, an estate surveyor and valuer, said he was paid twice for the land. “It cost N70million. My Zenith Bank account domiciled with EricMore Branch, Surulere, was credited twice,” he said.

    Akpobolokemi was charged along with Agaba, his aides Ekene Nwakuche and Governor Juan as well as Blockz and Stonz Limited, Kenzo Logistics Limited and Al-Kenzo Logistic Limited.

    The Economic and Financial Crimes Commission (EFCC) charged them with converting N2, 658,957,666 between December 23, 2013 and May 28 last year, to which they pleaded not guilty.

     

  • Peterside assumes duty at NIMASA

    Peterside assumes duty at NIMASA

    The Director-General/Chief Executive Officer, Nigeria Maritime Administration and Safety Agency (NIMASA), Dr Dakuku Peterside, assumed office in Lagos, yesterday.

    The NIMASA chief arrived the complex  at 11.45 am and moved to its boardroom for a a meeting with senior officials of the agency.

    He was received by the Executive Director, Maritime Labour, Cabotage and Maritime Services,  Mr Calistus Nwabueze Obi and other senior officials of NIMASA.

    Addressing workers, Peterside  thanked President Muhammadu Buharri for appointing him and said he was worried by the battered  image of the agency.

    He urged workers to join hands with him to redeem its name and achieve its core mandate.

    “I am here to introduce myself to my masters. I am sure you have a fair idea of my name. My name is Dakuku Peterside. From outside, people are saying that NIMASA has all it takes to achieve its core mandate. But  it seems to me that we have not been able to present ourselves well.

    “Therefore, we have some reputation or image issue to deal with. Discussing with the director of Administration and executive director, I understand that we have internal issues to deal with likewise the external,” he said.

    The NIMASA chief said a roadmap would be drawn to reposition the agency for greater efficiency and productivity.

    “I intend to have directorate and departmental briefings from April 5,” he said.

    Officials at the forum pledged to remain committed to the objectives for which the agency was set up and support the new chief.

    A senior official, who craved anonymity, said they were happy they have a young person as their director general.

    “ For over 40 minutes, he was receiving reports from the executive director and directors. It shows that the director general is youthful.  We have no doubt that the he will bring back sanity to our agency. Under Akpobolokemi, we lost our honour and our glory as a reputable government agency,” the official said.

     

  • How Peterside can succeed as NIMASA chief, by ex-minister Iheanacho

    How Peterside can succeed as NIMASA chief, by ex-minister Iheanacho

    • Indigenous ship Owners promise to support agency’s new head

    Former Minister of Interior Capt. Emmanuel Iheanacho has advised the newly-appointed Director-General of the Nigerian Maritime Administration and Safety Agency (NIMASA, Dr Dakuku Peterside, to court indigenous ship owners.

    Iheanacho, who is the Chairman, Genesis Shipping Worldwide, spoke in an interview with the News Agency of Nigeria (NAN) in Lagos.

    He added that indigenous ship owners would support Peterside.

    Ihenacho said: “It is our hope that he would concentrate his efforts in a genuine attempt to grow indigenous capacity through a judicious use of the Cabotage Vessel Financing Fund (CVFF).”

    The mariner said the new director-general must make Cabotage provisions work.

    Iheanacho explained that Peterside would need to understand the difference and the distinction between the administrative responsibilities for the safety of shipping and security of the maritime environment.

    The mariner said: “Safety of shipping and its associated costs is a NIMASA function while the security of the marine environment is the responsibility of the Navy.”

    He said NIMASA should be refocused to carry out its core maritime industrial safety and local capacity development responsibilities,

    “while simultaneously demilitarising the outlook and presentation of the agency”

    “We welcome Mr Peterside as the director-general of NIMASA. He is a good man. We hope his appointment would mark the beginning of a positive change in the focus and administrative interventions of the agency(NIMASA),’’ Iheanacho told NAN.