N754mn fraud: Court disappoints ex-NIMASA boss, others

–  Patrick Akpobolokemi ‘s application on preliminary objection was thrown out by the court

– Justice Raliat Adebiyi ruled that the preliminary objection lacked merit

– The applicants in their argument quoted sections of the constitution that is above the provisions of the criminal law of Lagos state 2011 and that of the EFCC establishment act, 2004

Patrick Akpobolokemi arraigned by the EFCC.

An Igbosere high court sitting in Lagos state, has disappointed the expectations of the former director general of the Nigeria Maritime Administration Safety Agency (NIMASA), Patrick Akpobolokemi and others standing trial with him on alleged N754.7 million fraud.

NAN reports that the ex-NIMASA helmsman, who is standing trial on a 13-count charge of stealing through his lawyer, Joseph Nwobike (SAN), filed a notice of preliminary objection challenging the jurisdiction of the court to hear the suit.

Justice Raliat Adebiyi, who ruled on the preliminary objection on March 21, dismissed the objection raised by the applicant on the grounds that it lacked merit.

Akpobolokemi was arraigned by the Economic and Financial Crimes Commission (EFCC) alongside Captain Agaba, Ekene Nwakuche, Governor Juan, Vincent Udoye, Captain Sahib Olopoenia and a company, Gama Marine Nigeria Ltd.

The defense counsel argued at the court that based on the provisions of section 251 (1) (a) and (3) of the constitution, only a federal high court had exclusive jurisdiction to hear cases relating to and or connected with the revenues of the federal government of Nigeria and its agencies.

Also, Juan, who is the fourth accused, through his counsel, Ige Asemudara filed a similar application, but was also dismissed by the court.

The court held that the applicants wrongly raised the issue of double jeopardy, adding that there was no connection between the two charges filed against some of the accused before the federal high court and the one before the Lagos state high court.

Justice Adebiyi said the offence of stealing was obviously within the jurisdiction of the high court, noting that the proceeding was too early to determine whether or not the state high court lacked jurisdiction to determine the suit.

The judge, however, stated that the issue of jurisdiction could be raised at any stage of the proceedings. She adjourned the case to April 14 and 20 for trial.

The applicants had in their preliminary objections argued that the provisions of section 251 (1) (a), (P) and (3) of the constitution is above the provisions of the criminal law of Lagos state 2011 and that of the EFCC establishment act, 2004.

The applicants further argued that the state’s high court lacked the obligatory jurisdiction to attend to criminal cases and issues arising from the revenue of the federal government.

But the anti-graft agency in its counter-affidavit, prayed the court to dismiss the preliminary objections in the interest of justice, especially as evidence before the court clearly linked the applicants to the alleged fraud. 

The accused were first arraigned on January 25 by the commission for allegedly defrauding the federal government the sum of N754.7 million belonging to NIMASA. The accused persons pleaded not guilty to the charges and were later granted bail.

Meanwhile, the Rivers state governorship candidate of the All Progressives Congress (APC) in the 2015 election, Dakuku Peterside, has emerged the new director-general of the Nigerian Maritime Administration and Safety Agency (NIMASA).