A Lagos High Court yesterday dismissed preliminary objections filed by former director-general of the Nigerian Maritime Administration Safety Agency, NIMASA, Patrick Akpobolokemi, and two others,
challenging jurisdiction of the court to hear the suit filed against them by the Economic and Financial Crimes Commission, EFCC, over alleged stealing of N754,740,680, belonging to NIMASA. Akpobolokemi was arraigned before Justice Raliat Adebiyi alongside Captain Ezekiel Agaba, Ekene Nwakuche, Governor
Amechee Juan, Vincent Udoye, Captain Adegboyega Sahib Olopoenia and a company, Gama Marine Nigeria Limited, on a 13-count charge bordering on stealing N754,740,680 belonging to NIMASA. Akpobolokemi had through his lawyer, Dr. Joseph Nwobike (SAN), filed a notice of preliminary objection dated February 12, challenging jurisdiction of the court to hear the suit. He argued that by virtue of the provisions of Section 251 (1) (a) and (3) of the Constitution, only a Federal High Court has exclusive jurisdiction over matters and causes arising from, pertaining to and or is connected with the revenue of the Federal Government of Nigeria and its agencies. Also, the fourth defendant, Juan, through his counsel, Ige Asemudara, had filed a similar application. Ruing on the preliminary objections, Justice Adebiyi dismissed all the objections raised by the applicants on the ground that they lack merit. The court held that the applicants wrongly raised the issue of double jeopardy, adding that there was no connection between the two charges filed against some of the defendants before the Federal High Court and the one before the High Court of Lagos State. Justice Adebiyi held that the offence of stealing is clearly triable by the Lagos High Court and that it would be too early at this stage of proceedings to determine whether the Lagos High Court lacks jurisdiction to determine the suit.
The court held that the issue of jurisdiction could be raised at any stage of the proceeding, adding that if the issue of jurisdiction is raised during trial it would be determined. Justice Adebiyi also stated that the applicants could not rely on the Supreme Court judgement in the case of Bode George vs Federal Government. The court stated that the conviction of George was upturned because the offence on which he was convicted was unknown to law and not because the Lagos High Court lacked jurisdiction to hear the suit. The applicants had in their preliminary objections argued that the provisions of section 251 (1) (a), (P) and (3) of the Constitution supercedes the provisions of the criminal code laws of Lagos State 2011 and that of the Economic and Financial Crimes Commission Establishment Act, 2004. They also argued that the High Court of Lagos State lacks the requisite jurisdiction to entertain criminal cases and matters arising from and or pertaining to: the revenue of the Federal Government of Nigeria, the administration or the management and control of the Federal Government or any of its agencies, by virtue of the provisions of section 251 (1) (a) (p) and (3) of the Constitution of the Federal Republic of Nigeria, 1999 as amended. But, the EFCC in its counter-affidavit urged the court to refuse the application in the interest of justice, more so, when proof of evidence before the court clearly linked the applicants to the alleged offence. The defendants were arraigned on January 25, 2016, by the EFCC over alleged stealing of N754, 740,680 belonging to NIMASA. They pleaded not guilty the charges and were granted bail. The defendants were alleged to have on or about May 28, 2015 with a dishonest intent converted to their own use N257,000,000 money released for the implementation of the Voluntary International Maritime Organisation Member State Audit Scheme, VIMSAS. The defendants were further alleged to have with intent to defraud, knowingly forged a document titled ‘Re: Request For Payment as Consultant for VIMSAS Administration Services,’ dated May 25, 2015 purported to have been issued by Aroward Consulting Limited. The matter has been adjourned till April 14 and 20 for trial.
No comments:
Post a Comment