Lawyers frustrating ex-NIMASA D-G’s trial, EFCC alleges

The Economic and Financial Crimes Commission (EFCC) on Monday alleged there was a plot to frustrate the trial of a former Director-General of the Nigerian Maritime Administration and Safety Agency (NIMASA), Patrick Akpobolokemi.

Akpobolokemi was last Friday arraigned with three others before Justice Ibrahim Buba of the Federal High Court.

They were accused of converting N2.6billion as well as defrauding the Federal Government to the tune of N795.2million.

Their trial was billed to begin yesterday, but counsel for the third defendant, Lanre Olayinka, was absent.

He wrote the court, saying he traveled abroad for an urgent medical treatment.

But EFCC’s lawyer, Rotimi Oyedepo, said Olayinka’s absence was a ploy to delay the trial.

“My learned friend did not provide sufficient explanation. There is nothing stating the whereabouts of other lawyers in his chambers.

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“When the case was adjourned last Friday, he never mentioned that he planned to travel or that he booked a ticket.

“This is a clear manifestation of the defendant’s determination not to allow this matter to go on,” he said.

Oyedepo urged the court not to grant an adjournment, saying he was ready to go on with the case having brought two of his witnesses.

However, Akpobolokemi’s lawyer, Dr Joseph Nwobike (SAN) said he needed more time to discuss with his client.

“The point is that it will be difficult to represent the first defendant when I have not conferred with him,” he said.

Ruling, Justice Buba said the “days of luxury” for the judge, lawyers and defendants during trials were over.

“You cannot delay this trial. You can take it to another court, but you cannot stall the trial in this court. If anybody is not comfortable, let me return the case file to the Chief Judge,” he said.

“Whether the defendants are able to perfect their bail terms or not, it should not affect the trial of this case, because even if an accused is not granted bail, he can still prepare his case.

“It is fair enough that this court, conscious of the day to day trial, granted bail to all the accused without any formality. Notwithstanding the non-perfection of the bail condition, this court would have gone on with the trial.

“The only snag is that third accused is not represented. Olayinka’s letter, to this court, is of no moment because he was in court with Mr Shamsudeen Abubakar last Friday when this matter was adjourned till today (yesterday).

“This court must warn that any counsel who takes up a defence of an accused must come to terms with the Administration of Criminal Justice Act, which has limited the number of adjournments to not more than five times.

“Similarly the case of counsel abandoning an accused in court is also gone. Whilst the court will not wait for Mr Lanre Olayinka, the court will afford the third accused an opportunity of getting another counsel. Where he cannot, there is also a provision (for the court to provide a lawyer).

“I must also warn that the court has power to award cost in deserving cases. Therefore, all of us must be up and doing. Today (yesterday) is wasted inspite of all the efforts of the court to get an official transcriber of recorded proceedings, and the prosecution coming here with two witnesses. The letters of the law for day to day trial shall be followed.”

Akpobolokemi was arraigned along with Captain Ezekiel Agaba, Ekene Nwakuche, Governor Juan, and three companies, namely Blockz and Stonz Limited, Kenzo Logistics Limited and Al-Kenzo Logistic Limited.

In a 22-count charge, they were accused of converting a total of N2,658,957,666 between December 23, 2013 and May 28 this year. The defendants pleaded not guilty to all the counts.

Akpobolokemi and nine others, including two companies, were earlier arraigned before Justice Saliu Saidu of the same court on Thursday on a separate charge of conspiring among themselves to convert N3.4billion belonging to NIMASA. They had also pleaded not guilty.

Justice Buba adjourned till December 14 for trial.‎

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