February 26, 2018

Irked by the lateness of an accused, Alu Dismas, a Federal High Court in Lagos on Monday revoked his N5 million bail and remanded him in prison.

Dismas is the second accused in the ongoing trial of a former Acting Director-General of NIMASA, Calistus Obi, charged with N136 million fraud.

Dismas is a former personal assistant to the ex-DG of the Nigerian Maritime Administrative and Safety Agency (NIMASA), Patrick Akpobolokemi.

The Economic and Financial Crimes Commission (EFCC) had slammed  an eight-count charge on Dismas and Obi, who was a former Executive Director, and later, a former acting D-G of the agency.

They had pleaded not guilty to the charges and were admitted to bail in the sum of N5 million each with sureties in like sum.

The EFCC had closed the case for the prosecution on Jan. 31, 2017, while the defence filed a no-case submission.

The court, however, dismissed the no-case submission on Feb. 21, 2017, and ordered the defence to open its case.

The News Agency of Nigeria (NAN) reports that when the case was called on Monday at exactly 9.00 a.m., the first accused, Obi was present, while Dismas had yet to arrive in court.

The case was stood down until 10.35 a.m when the second accused eventually sauntered into the courtroom.

Justice Mojisola Olatoregun, who was manifestly displeased with the lateness of the accused, consequently revoked his bail.

She observed that it was not the first time the accused was absent for his trial, saying the court cannot wait for an accused.

“I hereby revoke his bail, he should be taken back into prison custody,” she ruled.

Following the decision of the court, the second accused became emotional in the dock.

Meanwhile, first defence counsel, Mr Wale Akoni (SAN), began examination of the first accused, who was his first defence witness (DW1).

The witness (first accused) moved into the witness box after he swore to the Holy Bible.

Akoni: Look at these documents and confirm if they are contract documents emanating from the Federal Ministry of Labor and Productivity.

Witness: Yes, two are letters from NIMASA and the third is a letter from Federal ministry of Labor and Productivity as regards a contract.

When asked if he participated in writing any of the letters, he replied “No, I didn’t.”

On how much was requested from NIMASA, the witness replied that N35 million was requested for preparing documents for ratification of Maritime Labor Convention 2006, and N25 million was approved.

He said he did not retain any part of the N25 million.

When asked money from NIMASA that was paid into an account for him, he said that they were refunds on a project NIMASA had not paid for yet which he had used funds from somewhere to execute.

Cross-examined by counsel to the second accused, Mr Joseph Nwaobike (SAN) : Did you conspire with the second defendant to defraud NIMASA ?

Witness: No I didn’t.

Nwobike: In your statement at EFCC, you said the second defendant sent you a text message; I can say the text was not a direct instruction from the second defendant?

Witness: The second defendant is not in a position to give me instructions, it was an instruction from the Director General of NIMASA.

While also cross-examining the witness, the EFCC Prosecutor, Mr Rotimi Oyedepo, asked: You are sole signatory to bank accounts opened by you on behalf of the third and fourth defendants, am I correct ?

Witness: Yes.

Oyedepo: Is it correct to say that you received about N43 million into those accounts from NIMASA ?

Witness: Yes.

Oyedepo: Are you aware that N111 million was credited to Kostan Mega Ltd as a result of the text message between you and the second defendant?

Witness: I wouldn’t know.

Oyedepo: What were the services rendered by Kostan Mega Ltd?

Witness: I wouldn’t know.

Oyedepo: The total sum of N25 million that was sent to the third and fourth defendants’ bank account, what was it used for?

Witness: For my personal use.

Oyedepo: Will I be correct to say you used part of it to build your hotel?

Witness: Yes I did.

Oyedepo: You made cash payment of N25 million to one Mrs Braimoh, are you aware that it is wrong to make cash payment of Government funds?

Witness: I’m not aware.

The court adjourned until March 7, March 8 and March 9 for continuation of cross-examination of DW1.

Meanwhile, the judge has said “progress must be made in this case; it has lingered for two years, and we must take trial day today”.

The accused were alleged to have committed the offences on Aug. 5 2014.

According to the EFCC, they allegedly conspired to convert the money, property of NIMASA, knowing full well that the money was proceeds of stealing.

The offence contravened Sections 15 and 18(a) of the Money Laundering Prohibitions (Amendment) Act, 2012.