Justice Ibrahim Buba of the Federal High Court sitting in Ikoyi, Lagos, on Monday, dismissed a no-case submission filed by a former Director-General of the Nigerian Maritime Administration and Safety Agency, Patrick Akpobolokemi, who is facing trial for a N2.6bn fraud.
Akpobolokemi is facing trial alongside Ezekiel Agaba, Ekene Nwakuche, Governor Juan, Blockz and Stonz Limited and Al-Kenzo Logistic Limited for allegedly diverting the sum of N2.6bn from the covers of NIMASA between December 2013 and May 2015.
At the last adjourned sitting on October 6, 2017, Joseph Nwobike, SAN, counsel to the first defendant, Akpobolokemi, had argued that the prosecution had failed to link his client to the alleged diversion of funds from the agency.
Nwobike, who said former President Goodluck Jonathan and not his client approved the security project and the money disbursed, further contended that the allegation by the prosecution against his client lacked “any legal weight before the court.”
However, in his response, the prosecution counsel, Rotimi Oyedepo, had told the court that the testimonies given by the 12 prosecution witnesses as well as the 77 exhibits tendered before the court all linked Akpobolokemi to the alleged fraud.
Oyedepo further argued that Akpobolokemi could not claim to be innocent of the charge, given the fact that he was the chief accounting officer of NIMASA at the time the alleged fraud was committed.
“Though it was former President Goodluck Jonathan who approved the security project and sanctioned the disbursement of the funds, Akpobolokemi was the head of NIMASA who constituted a committee to handle the project and also approved funds for the activities of the committee.”
Also, counsel to the second defendant, Edoka Onyeke, had urged the court to dismiss the charge against his client, saying that that there was a discrepancy between the offence his client was accused of committing and the section of the law under which he was charged.
In his response, Oyedepo told had the court that Agaba was properly charged and that “even if there was an error, it could not be a basis to discharge him.”
Counsel to the other defendants, Seni Adio, SAN, and Ige Asemudara, had also urged the court to discharge their clients on the grounds that the prosecution could not link them to the alleged fraud.
Justice Buba, after entertaining arguments from the parties, had fixed October 16, 2017 for ruling on the no-case submission filed by Akpobolokemi and others.
At the resumed hearing today, Justice Buba, in his ruling, held that the prosecution counsel, Oyedepo, had successfully established a prima facie case against the defendants.
He further held that the testimonies of the prosecution witnesses and the exhibits tendered had successfully linked Akpobolokemi and others to the alleged fraud.
Justice Buba adjourned the case to October 30, 2017 and November 7 and 9, 2017 for continuation of trial and for the defence to open its case.