EMBATTLED ex-Director-General of Nigeria Maritime Administration Safety Agency (NIMASA) Patrick Akpobolokemi has challenged his trial at the Lagos State High Court.
Akpobolokemi told a Lagos State High Court sitting in Igbosere yesterday, through his counsel, Dr. Joseph Nwobike (SAN), that under the 1999 Constitution, only the Federal High Court can try him.
Akpobolokemi and six others were arraigned on January 25 before Justice Adebiyi Raliat on a 13-count of alleged theft of N754,740,680 million belonging to NIMASA.
At the resumed hearing yesterday, the fourth defendant Governor Amechee Juan, through his counsel, Ige Asemudara, also filed a similar application.
Nwobike said he filed a notice of preliminary objection on February 15 challenging the court’s jurisdiction to try the case.
The application was supported by a five-paragraph affidavit deposed to by Felix Deckcon.
Nwobike asserted that by Section 251 (1) (a) and (3) of the 1999 Constitution as amended, the Federal High Court had exclusive jurisdiction over matters and causes arising from, pertaining to and or is connected with the revenue of the Federal Government and its agencies.
He argued that the sections supersede the Criminal Code Laws of Lagos State 2011 and the Economic and Financial Crimes Commission Establishment Act, 2004.
Nwobike said the High Court of Lagos State lacked the requisite jurisdiction to entertain criminal causes and matters arising from and or pertaining to the revenue of the Federal Government, the administration or management and control of the Federal Government or any of its agencies.
Justice Adebiyi ordered the other defendants to also file their applications before the next March 9.
Akpobolokemi and Co. were alleged to have, between October 30, 2014 and May 6, 2015, converted to their personal use N346,844,680.00 released to them for the implementation of Voluntary International Maritime Organisation Member State Audit Scheme (VIMSAS).
They were also alleged to have on, or about May 28, 2015, converted to their use N257,000,000 released for the implementation of VIMSAS.
The defendants were further alleged to have knowingly forged a document: “Re: Request for Payment as consultant for VIMSAS Administration Services”, dated May 25, 2015, purported to have been issued by Aroward Consulting Limited.
Nation
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