*Says ex-JTF commander, Atewe, has case to reply
Wale Igbintade
A Lagos Federal Excessive Court docket, has discharged and acquitted former Director-Basic of the Nigerian Maritime Administration and Security Company (NIMASA), Patrick Akpobolokemi, of alleged N8,537,586,798.58 fraud, introduced towards him by the Financial and Monetary Crimes Fee (EFCC).
Justice Ayokunle Faji discharged and acquitted the previous NIMASA Director-Basic Monday whereas delivering a ruling on a no-case submission filed by him and fourth defendants, within the 22 counts prices towards them.
In discharging and acquitting Akpobolokemi and one Josphine Otuaga, a employees of NIMASA, Justice Faji held that the EFCC failed to determine a prima facie (ample proof) case towards them.
Nevertheless, Justice Faji dominated {that a} former Commander of the Joint Job Power Operation Pulo Protect, Main-Basic Emmanuel Atewe (rtd), (second defendant) and a Workers of NIMASA, Kime Engonzu (third defendant), need to open their defence as a result of they’ve case to reply in counts 12 to 22 of the cost.
Akpobolokemi had in a no-case submission filed by his legal professionals, Dr. Joseph Nwobike (SAN) main Collins Ogbonna, prayed the court docket for an acquittal with out having him current a defence.
He said that the prosecution, with all its witnesses and proof tendered whereas making its case, didn’t hyperlink him to the alleged crimes.
Akpobolokemi was arraigned earlier than the court docket alongside Main-Basic Emmanuel Atewe (rtd), a former Commander of the Joint Job Power Operation Pulo Protect, and two different employees of the company, Kime Engonzu and Josphine Otuaga.
They’re being prosecuted for an amended 22-count cost bordering on conspiracy; conversion; and stealing (by fraudulent conversion).
One of many counts reads: “That you just, Patrick Ziadeke Akpobolokemi, Main Basic Emmanuel Atewe, Kime Engozu, and Josphine Otuaga typically in 2014, in Lagos, throughout the jurisdiction of this Court docket, with intent to defraud, conspired amongst yourselves to commit an offence to wit: Conversion of the sum of N8,537,586,798.58 property of the Nigerian Maritime Administration and Security Company and also you thereby dedicated an offence opposite to Part 18 (a) of the Cash Laundering (Prohibition) Act 2012 and punishable underneath Part 15 (3) of the identical Act.”
They’d pleaded “not responsible” to the costs, thereby prompting the graduation of their trial.
Upon conclusion of the prosecution’s case, all of the defendants opted for no-case-submission.
Delivering its Ruling, Justice Faji held that not one of the witnesses known as by the Prosecution led any shred of proof linking the primary defendant, Patrick Ziadeke Akpobolokemi and fourth defendant to the offences they had been charged for.
The court docket held that having regard to the totality of proof led by the prosecution failed to supply any credible proof linking the first Defendant with the fee of the crimes alleged towards him in Counts 1-11 of the primary amended Cost and/or established a prima facie case towards him warranting him to enter upon his defence.
The court docket additionally famous that out of the eleven witnesses fielded by the Complainant, just one witness, (PW 2), gave proof the place the title of the primary defendant (Akpobolokemi) featured, whereas different witnesses made it abundantly clear that, they didn’t know the first Defendant and didn’t have any dealings with him.
“If there isn’t a ample proof linking the accused with the statutory parts and components a court docket of trial should as a matter of regulation discharge him. It has no enterprise trying to find proof what’s nowhere and subsequently can’t be discovered,” Court docket held.