27th October, 2016
Keyamo, in a letter written to the Federal High Court in Lagos, Southwest Nigeria, urged the court to adjourned the case on the grounds that his main witness was not available for the case today.
Consequently, the presiding judge, Ibrahim Buba, adjourned the case till December 13 and 14, 2016, for continuation of trial.
The Economic and Financial Crimes Commission (EFCC), on April 18, 2016 arraigned Tompolo in absentia on 22 counts charge of alleged N47.6bn fraud.
Also arraigned in absentia in relation to the alleged fraud were six brothers of the former Director-General of the Nigerian Maritime and Safety Agency, Patrick Akpobolokemi, Igo, Julius, Victor, Norbert, Emmanuel and Clement.
Tompolo, Igo, Julius, Victor, Norbert, Emmanuel and Clement were declared as being “now at large” when the charges were read before Justice Buba on April 18.
However, Akpobolokemi, two females – Josephine Otuaga and Rita Uruakpa – and one Kime Engozu, who were also listed as accused in the amended charge, were present in court on April 18 for their plea to be taken.
Listed as accused in the charge are five companies, namely: Mieka Dive Training Institute Ltd/GTE; Oyeinteke Global Network Limited; Wabod Global Resources Ltd.; Boloboere Properties Estate Ltd.; Gokaid Marine Oil and Gas Ltd.; and Watershed Associated Resources, who were all alleged to have committed offences of conspiracy and money laundering.
All the accused persons pleaded not guilty to the charges.
When the hearing resumed today, one of the defence counsel, Mr. Oyesoji Oyeleke (SAN), told the court of a preliminary objection he filed on behalf of his client challenging the competence of the charges.
Oyeleke is contending that the prosecution had failed to depose to an affidavit stating that it had concluded its investigation before filing the charges.
For this failure, he is urging the court to strike out the entire 22 counts filed by the EFCC against his client.
Another defence counsel, Mr. Sylvester Ekweme, representing one of Akpobolokemi’s brothers, Clement, also informed the court of his client’s bail application pending to be heard.
Ekweme said his client had been in detention since April.
Justice Buba adjourned till November 10, 2016 to take the pending applications.
Among other things, the EFCC alleged that the defendants conspired to defraud the Federal Government between December 2, 2014 and April 10, 2015, by inducing the Federal Government to deliver an aggregate sum of N11.9bn to them.
The EFCC claimed that the accused persons induced the Federal Government by “falsely pretending to the Federal Government that a parcel of land and its appurtenances situated at Mieka Dive Training Institute, Kurutie, Warri South-West Local Government Area of Delta State had been acquired by NIMASA for the temporary campus of the Nigerian Maritime University, Okerenkoko.”
By allegedly making fraudulent and false representations to the Federal Government, the EFCC said the defendants violated Section 1 (b) of the Advance Fee Fraud and other Fraud Related Offences Act, 2006 and were liable to punishment under Section 1(3) of the same Act.
In another count, the EFCC accused the defendants of fraudulently converting the sum of N13,027,564,822 belonging to NIMASA to their private own sometime in 2014.
The offence is contrary to Section 18 (a) of the Money Laundering (Prohibition) (Amendment) Act, 2012.
The defendants were also accused of swindling the Federal Government to the tune of N11.940bn, by presenting a forged Certificate of Customary Right of Occupancy of Bendel State of Nigeria dated May 6, 2014 to NIMASA on the false claim that the forged document was genuine and issued by Warri South-West Local Council, Delta State.
For the alleged offence, the EFCC said the defendants were liable to being punished under Section 1(2)(c) of the Miscellaneous Offences Act, Cap. M17, Laws of the Federation, 2004.
Akin Kuponiyi