Justice Ibrahim Buba of the Federal High Court, Lagos has dismissed the “no case” submission filed by the embattled former director general of the Nigerian Maritime Administration and Safety Agency (NIMASA), Patrick Akpobolokemi, and others.
The court instead held that they should go and defend themselves in the alleged N2.6 billion fraud leveled against them by the Economic and Financial Crimes Commission (EFCC).
Akpobolokemi and five other co-defendants, Ezekiel Agaba, Ekene Nwakuche, Governor Juan and two firms, Blockz and Stonz Ltd and Al-Kenzo Logistic Ltd., are facing charges bordered on the allegations.
The judge ordered them to enter their defence on October 30.
Justice Buba said the arguments on the no-case submission by defence counsel, Dr. Joseph Nwobike (SAN), was without merit and upheld the argument of the EFCC through its counsel, Rotimi Oyedepo, who maintained that a prima facie case had been established against the defendants.
Justice Buba held: “From the evidence of the first prosecution witness, it is well established that all the defendants have a case to answer.
“The exhibits tendered and testimonies of other witnesses have established that there is a prima facie case against the defendants. I see no merit in this application. This application lacks merit, so, it is overruled. The defendants should open their defence to prove their innocence.”
On December 4, 2015 the EFCC arraigned the defendants on a 22-count charge of diverting N2.6 billion from NIMASA coffers between December 2013 and May 2015.
The anti-graft agency claimed that ex-President Goodluck Jonathan approved the release of the funds for the implementation of a security project.
The alleged offences contravene Section 8 (a) of the Advance Fee Fraud and Other Fraud Related Offences Act, 2006.
The defendants pleaded not guilty.
The prosecution closed its case after calling 12 witnesses.
But the defendants, rather than open their defence, filed no-case submissions, claiming that the EFCC failed to link their clients with the alleged funds diversion.
By Chinyere Obia
