A Compliance Officer with Access Bank Plc Mr Oliver Ewerem has told a Lagos High Court sitting at Igbosere, in the on going trial of the embattled Ex- Director General of Nigerian Maritime Administration and Safety Agency NIMASA Patrick Akpobolokemi and six others of how the sum of sixty million naira was withdrawn from the account of Gama Marine Ltd, a contractor with the agency.
Mr. Ewerem, who is an Economic and Financial Crimes Commission EFCC's prosecution witness, was led in evidence by the anti- graft agency counsel, Mr. I. A Muhammed.
He said that the money was withdrawn in three tranches from Gama Marine Ltd's account with the bank in favor of the fifth defendant.
Akpobolokemi, is being tried alongside six others over alleged theft of about seven hundred and fifty five million naira, belonging to NIMASA.
The other defendants who were charged alongside Akpobolokemi are Captain Ezekiel Agaba, Ekene Nwakuche, Governor Amechee Juan, Vincent Udoye, Captain Adegboyega Sahib Olopoenia and a company, Gama Marine Nigeria Limited.
They are standing trial on a 13-count charge bordering on stealing and forgery, preferred against them by Anti- graft agency.
Mr. Ewerem who was testifying before Justice Raliat Adebiyi, said that on February 2, 2015, there was a credit of sixty eight million naira paid into Gama Marine ltd's account by committee of Marine Time.
He said that on February 2, 2015, there was a credit of twenty eight million naira and on same day the sum of about forty million naira was also paid into Gama Marine Ltd company.
The witness also testified that between February 10 and 11 2015, there was a withdrawal of sixty million naira from Gama Marine, which was paid in favor of one Mr. Vincent Udoye, adding that it was withdrew in three tranches.
During cross examination, Mr. Ewerem admitted that the names of the first, second, third, fourth, sixth and seventh defendants were not beneficiary in the payment of the money.
At the last adjourned date the trial was stalled due to failure to produced the Fiat of the Attorney General of the Federation (AGF) by the prosecutor who appeared for the Economic and Financial Crimes Commission (EFCC).
The counsels to the defendants had objected to the appearance of a private, lawyer who works with Mr. Festus Keyamo, Mr Marcel Umeh, who came to prosecute the case as Mr. Rotimi Oyedepo was absent from the Court.
The Counsel to the second defendant Mr E. D. Onyeke, had told the court that Mr. Umeh was a private practitioner who does not have the Fiat of the Attorney General of the Federation (AGF) to prosecute the case.
He said that Mr. Umeh, was a staff of Mr Festus Keyamo, adding that Mr. Keyamo was given the Fiat but could not delegate such powers to any of his staff.
"If Mr. Keyamo has the Fiat, it does not apply to Mr. Umeh, it is a known fact that only the AG can delegate such powers to an individual and not to the firm of that individual.
He said "Mr. Umeh cannot appear in this case because he does not have the Fiat and does not work for the Federal Government.
"If he produces a Fiat, we can proceed with today's proceedings, we urge my lord to refuse the appearance of Mr. Umeh in this case.
Mr. Onyeke, further stated that any proceedings effected by Mr. Umeh would amount to a nullity, therefore, it would be for the interest of Justice to avoid any procedural errors.
The Other counsel to the other defendants also aligned themselves with the position of Mr. Onyeke and asked the court to expunge the appearance of Mr. Umeh.
In his submission Mr. Umeh, had admitted that he was not given the Fiat but argued that it was only the AGF who could question his appearance and not the counsel on the other side.
In a short ruling, Justice Raliat Adebiyi,had held that Mr. Umeh, cannot handle the case without producing the Fiat, for this reason, this case cannot go on.
"This case will continue until Mr. Keyamo or any other counsel from EFCC come to prosecute it. She said"
However, the case was adjourned till today, for continuation of trial.
Mr. Ewerem, who is an Economic and Financial Crimes Commission EFCC's prosecution witness, was led in evidence by the anti- graft agency counsel, Mr. I. A Muhammed.
He said that the money was withdrawn in three tranches from Gama Marine Ltd's account with the bank in favor of the fifth defendant.
Akpobolokemi, is being tried alongside six others over alleged theft of about seven hundred and fifty five million naira, belonging to NIMASA.
The other defendants who were charged alongside Akpobolokemi are Captain Ezekiel Agaba, Ekene Nwakuche, Governor Amechee Juan, Vincent Udoye, Captain Adegboyega Sahib Olopoenia and a company, Gama Marine Nigeria Limited.
They are standing trial on a 13-count charge bordering on stealing and forgery, preferred against them by Anti- graft agency.
Mr. Ewerem who was testifying before Justice Raliat Adebiyi, said that on February 2, 2015, there was a credit of sixty eight million naira paid into Gama Marine ltd's account by committee of Marine Time.
He said that on February 2, 2015, there was a credit of twenty eight million naira and on same day the sum of about forty million naira was also paid into Gama Marine Ltd company.
The witness also testified that between February 10 and 11 2015, there was a withdrawal of sixty million naira from Gama Marine, which was paid in favor of one Mr. Vincent Udoye, adding that it was withdrew in three tranches.
During cross examination, Mr. Ewerem admitted that the names of the first, second, third, fourth, sixth and seventh defendants were not beneficiary in the payment of the money.
At the last adjourned date the trial was stalled due to failure to produced the Fiat of the Attorney General of the Federation (AGF) by the prosecutor who appeared for the Economic and Financial Crimes Commission (EFCC).
The counsels to the defendants had objected to the appearance of a private, lawyer who works with Mr. Festus Keyamo, Mr Marcel Umeh, who came to prosecute the case as Mr. Rotimi Oyedepo was absent from the Court.
The Counsel to the second defendant Mr E. D. Onyeke, had told the court that Mr. Umeh was a private practitioner who does not have the Fiat of the Attorney General of the Federation (AGF) to prosecute the case.
He said that Mr. Umeh, was a staff of Mr Festus Keyamo, adding that Mr. Keyamo was given the Fiat but could not delegate such powers to any of his staff.
"If Mr. Keyamo has the Fiat, it does not apply to Mr. Umeh, it is a known fact that only the AG can delegate such powers to an individual and not to the firm of that individual.
He said "Mr. Umeh cannot appear in this case because he does not have the Fiat and does not work for the Federal Government.
"If he produces a Fiat, we can proceed with today's proceedings, we urge my lord to refuse the appearance of Mr. Umeh in this case.
Mr. Onyeke, further stated that any proceedings effected by Mr. Umeh would amount to a nullity, therefore, it would be for the interest of Justice to avoid any procedural errors.
The Other counsel to the other defendants also aligned themselves with the position of Mr. Onyeke and asked the court to expunge the appearance of Mr. Umeh.
In his submission Mr. Umeh, had admitted that he was not given the Fiat but argued that it was only the AGF who could question his appearance and not the counsel on the other side.
In a short ruling, Justice Raliat Adebiyi,had held that Mr. Umeh, cannot handle the case without producing the Fiat, for this reason, this case cannot go on.
"This case will continue until Mr. Keyamo or any other counsel from EFCC come to prosecute it. She said"
However, the case was adjourned till today, for continuation of trial.
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