A Federal High Court sitting in Lagos on Wednesday sentenced a former Nigerian Maritime Administration and Safety Agency (NIMASA) Executive Director (ED), Captain Ezekiel Bala Agaba to seven years imprisonment for laundering ₦1,542,406,666.00.
He was convicted by Justice Ibrahim Buba for seven counts of conversion and criminal breach of trust filed against him by the Economic and Financial Crimes Commission (EFCC).
The court ruled that the commission prove convincingly that the convict stole the money from NIMASA while he was in charge of Maritime, Safety and Shipping.
Buba sentenced Agaba to seven years imprisonment on each of the seven counts, with total of 49 years.
However, the sentences will run concurrently, this means that Agaba, according to the judge, will spend a maximum of only seven years in jail, beginning from Wednesday.
The declined the application of EFCC counsel, Rotimi Oyedepo, for property forfeiture that were allegedly bought by Agada from the proceeds of the fraud.
While justice Buba upheld the submission of the counsel of Agaba, Mr. E.D Oyeneke, claiming the property was the subject of another suit at the Federal High Court.
The EFCC had arraigned Agaba in 2015, alongside a former NIMASA Managing Director, Dr. Patrick Akpolobokemi; a former NIMASA worker, Ekene Nwakuche and the Chairman of Ndokwa Local Government Area of Delta State, Juan Amechee Governor, for allegedly laundering ₦2.6 billion.
They pleaded not guilty.
Akpobolikemi file a “no case” submission, but on October 16, 2017, Justice Buba dismissed it.
The Court of Appeal in Lagos on June 1, 2016, overturned it, which unanimously discharged and acquitted Akpobolokemi.
Following the Court of Appeal’s decision, the anti-graft agency, on October 10, 2019, withdrew the charges against the Governor and Nwakuche.
But the EFCC filed an amended charge against Agaba.
The commission told the judge that between December 23, 2013 and March 13, 2014 in Lagos, Agaba converted the N1.5 billion in tranches of N437,726,666.60, N66,800,000, N21,802,000, N402,480,000.00, N525,000,000, N70,000,000 and N176,000,000.
The funds were said to have been laundered through Seabulk Offshore Operator Limited, Ace Protehesis Limited, Extreme Vertex Nigeria Limited and Aroward Consulting Limited.
Also, the Federal High Court in Lagos on Wednesday dismissed a N34 billion fraud charge filed by the Federal Government against Global West Vessel Specialist Limited, a company linked to a former Niger Delta militant leader, Government Ekpemupolo (aka Tompolo).
Justice Ibrahim Buba also dismissed the same charge against a former Director General of the Nigerian Maritime Administration and Safety Agency (NIMASA), Patrick Akpolokemi, as well as Kime Engozu, Rex Elem, Gregory Mbonu and Warredi Enisuoh, all co-defendants.
Other defendants, who also benefitted from the judgment, are three firms: Odimiri Electrical Limited, Boloboere Property and Estate Limited; and Destre Consult Limited.
The Economic and Financial Crimes Commission (EFCC) had filed a 40-count charge against the defendants in 2015.
Tompolo was initially joined as the first defendant in the case, but following his failure to answer repeated court summonses, the then EFCC counsel, Mr. Festus Keyamo (SAN), applied that Tompolo’s name be removed from the charge sheet.
During the trial, the other defendants filed a no-case submission, asking the court to dismiss the charge for lacking in merit.
Ruling on Wednesday, Justice Buba held that the prosecution “failed to establish a prima facie case” against the defendants and dismissed the 40-count charge.
