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Federal High Court sitting in Lagos, on Tuesday adjourned the trial of
Patrick Akpobolokemi, the former Director-General of NIMASA till
tomorrow after admitting more documents.
Akpobolokemi is standing trial, alongside five others, on a 13- count charge bordering on conspiracy, stealing and fraudulent conversion of funds, to the tune of N787.2 million . His co-accused persons are: Captain Ezekiel Bala Agaba; Ekene Nwakuche; Governor Amechee Juan; Vincent Udoye, Captain Ade Sahib Olopoenia and Gama Marine Nigeria Limited.
At the resumed hearing of the matter on Tuesday, prosecution
counsel, Rotimi Oyedepo, presented one of the three witnesses he
earlier brought before the court. The witness: Olamide Ogunsanya, an
Assistant Director in NIMASA disclosed to the court, how the sum of
N795 million was paid into the International Shipping and Port Safety,
ISPS, account and how same was disbursed.
The witness told the court that approval for the disbursement of the money came from the office of Akpobolokemi.
The document conveying the presidential approval through the
office of the National Security Adviser, NSA, was identified by the
witness and same was admitted as exhibit P22. On the document, Ogunsanya
identified the endorsement of the first accused person, Akpobolokemi.
Also tendered through the witness
are letters from NIMASA to the Accountant General of Federation and
approval from the Accountant General’s office. The documents were
eventually admitted as exhibits P24 and P25 respectively.
The witness also identified the third accused person, Ekene Nwakuche
as the first beneficiary in the disbursement of the N795,200,000. She
told the court that between 16 September, 2014 and 6 November, 2014,
Nwakuche received N3m each, on eight occasions, from the ISPS
account totalling N28Million .
account totalling N28Million .
Other beneficiaries are Avant Guard
Securities, N94,000,000; Extreme Vertex Limited, N318,000,000; Suco
Global, N15,000,000; O2 Services Limited, N21,200,000 and N16,000,000;
and Aroward Consulting, N70,000,000.
At the end of the day, the witness said there was a balance of N198, 635 (One
Hundred and Ninety Eight Thousand, Six Hundred and Thirty Five Naira Only) left in the account. While explaining the procedure for receiving and disbursing money in NIMASA, Ogunsanya said a request would be made to the presidency through the NSA’s office and when approved, the DG would then ask the Executive Director to implement. From the executive director’s
office, an internal memo is raised and directed to the Director, Financial Services Department where payment instructions would be issued.
Hundred and Ninety Eight Thousand, Six Hundred and Thirty Five Naira Only) left in the account. While explaining the procedure for receiving and disbursing money in NIMASA, Ogunsanya said a request would be made to the presidency through the NSA’s office and when approved, the DG would then ask the Executive Director to implement. From the executive director’s
office, an internal memo is raised and directed to the Director, Financial Services Department where payment instructions would be issued.
The
witness further disclosed that on 20 March, 2014, the sum of N447,
000,000 was paid into the ISPS account and same was disbursed following
the same procedure, with a slight change in the beneficiaries.
In this instance, new beneficiaries were included. They are: Green Lemon Limited and Seabulk.
Oyedepo asked the witness about the procedure for the award of
contracts in NIMASA and she said the agency has different threshold in
terms of contracts award as stipulated by
the Bureau of Public Procurement (BPE). She said the DG has An approval limit of N5,000,000.
the Bureau of Public Procurement (BPE). She said the DG has An approval limit of N5,000,000.
For
contracts that exceeds N5,000,000 to anything below N50,000,000 it
falls into the threshold of parastatal’s tenders board. Contracts that
are between N50,000,000 to below
N100,000,000, falls under the threshold of ministerial tenders board and any contract above N100,000,000 falls within the presidential or Federal Executive Council’s threshold.
N100,000,000, falls under the threshold of ministerial tenders board and any contract above N100,000,000 falls within the presidential or Federal Executive Council’s threshold.
The
N318,000,000 payment to Extreme Vertex Limited was sighted as example
of violation of BPE’s stipulated threshold by the former leadership of
NIMASA.
Ogunsanya said that though the normal procedure for awarding contract
was always followed, she never met or saw any representative from any
of the companies that were alleged to have been awarded the purported
contracts.
During
cross examination, the witness admitted that she was one of the
signatories to the ISPS account but when she was asked whether she
was aware of the 2013/14 National Assembly’s budgetary appropriation
for the sum of N447,000,000, Ogunsanya said she had to look at the
budget to be able to answer the question.
Counsel to Akpobolokemi, Joseph Nwobike, SAN, prayed the
court for an adjournment in order to effectively cross examine the witness.
court for an adjournment in order to effectively cross examine the witness.

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