The Economic and Financial Crimes Commission (EFCC) yesterday arraigned a former Nigeria Maritime Administration and Safety Agency’s (NIMASA’s) Director-General Dr Patrick Akpobolokemi for alleged N22.7 billion fraud.
He was charged with a former Niger Delta militant leader, Government Ekpemupolo (aka Tompolo) at the Federal High Court in Lagos.
Tompolo was absent yesterday. He was also absent when his co-accused were earlier arraigned on alleged N34 billion fraud in a separate charge.
Those arraigned yesterday included Akpobolokemi, Kime Engozu, Josephine Otuaga, Rita Uruakpa, Mieka Dive Training Institute Ltd/GTE, Oyeinteke Global Network Limited and Wabod Global Resources Ltd.
Others are Boloboere Properties Estate Ltd, Gokaid Marine Oil and Gas Ltd, Muhaabix Global Services Ltd and Watershed Associated Resources.
The charge borders on stealing, advanced fee fraud and money laundering involving about N22.7 billion.
Also named in the charge are Akpobolokemi’s four brothers – Victor, Nobert, Emmanuel and Clement – said to be at large. They were said to have aided the suspects to commit the fraud.
The defendants were accused of converting money running into over N22.7 billion stolen from NIMASA to their personal use between December 12, 2014 and April 10, 2015.
Justice Ibrahim Buba, on February 8, directed security agencies to arrest Tompolo and held that the warrant issued for his arrest still subsists.
Tompolo’s lead counsel Tayo Oyetibo (SAN) sought to set aside the warrant, but the judge dismissed the application and re-issued a fresh warrant for Tompolo’s arrest.
The judge granted EFCC’s application empowering it to seize Tompolo’s traceable assets, pending his arrest or appearance in court for arraignment.
The property will be auctioned after three months, beginning from February 19 when the order was made, should Tompolo refuse to turn up.
Tompolo appealed the order and prayed the appellate court to order the transfer of his case from Justice Buba.
His lawyers urged the Court of Appeal to set aside the warrant on the basis that Justice Buba erred by refusing to nullify it.
Tompolo asked the court to nullify sections 221 and 306 of the Administration of Criminal Justice Act (ACJA) 2015, which he said violated his rights.
He sought an order “nullifying, voiding, striking down and expunging sections 221 and 306 from the ACJA 2015, following their inconsistency with the 1999 Constitution.”
Section 221 says: “Objections shall not be taken or entertained during proceedings or trial on the grounds of an imperfect or erroneous charge.”
Section 306 says: “An application for stay of proceedings in respect of a criminal matter before a court shall not be entertained.”
Tompolo contended that the sections were unconstitutional because they sought to prevent the court from exercising its jurisdiction to entertain any objection to a criminal charge and an application for a stay of proceedings pending appeal.
The case came up for hearing yesterday before Mojisola Olatoregun-Ishola. Tompolo’s lawyer Ebun-Olu Adegboruwa informed the court that Nigeria and the attorney-general of the federation were served with the originating motion.
He said the EFCC and the IGP declined service on the grounds that the date of hearing was too close.
Adegboruwa applied for a short adjournment to enable the court bailiff serve the court processes on the EFCC, IGP and other respondents.
Justice Olatoregun-Ishola adjourned till May 4 for hearing, while Justice Buba adjourned till May 30 for trial.
Also yesterday, the Federal High Court in Lagos heard that Akpobolokemi and others allegedly converted over N1billion 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 along with 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.
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.“
Justice Buba adjourned till April 29 for continuation of trial.
Akpobolokemi set up a committee on ISPS chaired by Captain Agaba.
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