Ebun Francis || A federal high court sitting in Lagos on Monday ruled that former Director General of the Nigerian Maritime Administration and Safety Agency (NIMASA), Patrick Akpobolokemi, charged with N2.6 billion fraud by the Economic and Financial Crime Commission(EFCC) has a case to answer.
Akpobolokemi was charged in December 2015 along with Ezekiel Agaba, Ekene Nwakuche, Governor Juan, Blockz and Stonz Ltd and Al-Kenzo Logistic Ltd.
The accused pleaded not guilty to the charges but their lawyers filed a no case submission after EFCC concluded their case, calling twelve witnesses and producing 77 exhibits.
In his ruling on Monday, Justice Ibrahim Buba said that even though the defense counsel had cited various cases to support its case, the court he noted in such a ruling is bound to keep its ruling short.
Justice Buba ruled, “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”.
Mr. 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 News Agency of Nigeria (NAN) reports that in arguing Mr. Akpobolokemi’s no-case submission, his lawyer, Joseph Nwobike, 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.
Mr. 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, Rotimi Oyedepo, maintained that the testimonies of the 12 witnesses and 77 exhibits tendered had successfully linked Mr. 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, Mr. 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, Mr. 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.
Additional reports With News Agency Of Nigeria.