From Joseph Obukata (The New Diplomat’s N’Delta Correspondent)
The Economic and Financial Crimes Commission (EFCC) on Wednesday, lose its battle to jail Global West Vessel Specialist Limited, a company linked to a former militant leader in the Niger Delta, Government Ekpemupolo, (A,K.A Tompolo), as Federal High Court sitting in Lagos dismissed the entire 40 counts bordering on alleged N34 billion fraud filed against him and others.
The court, also acquitted three other firms – Odimiri Electrical Limited; Boloboere Property and Estate Limited; and Destre Consult Limited who were also defendants in the criminal case filed by the EFCCin 2015.
A former Director-General of the Nigerian Maritime Administration and Safety Agency, Patrick Akpolokemi; Kime Engozu; Rex Elem; Gregory Mbonu; and Warredi Enisuoh,were also parties in the suit.
According to reports, Tompolo who was initially joined as the first defendant in the suit, was removed from the charge sheet after he ignored an order to appear in court.
This was despite the fact that the judge issued beach warrant of arrest against him.
But delivering his judgment on Wednesday, Mr Buba upheld the defendants’ ‘no-case submission’, saying the prosecution “failed to establish a prima facie case” against them.
He said that the defendants have no case against them and thereafter struck out entire charges.
According to EFCC’s charges, the defendants allegedly conspired among themselves to divert various sums running into over N34bn, belonging to NIMASA to their personal use.
The EFCC had argued that they acted contrary to Section 18 (a) of the Money Laundering (Prohibition) (Amendment) Act, 2012 and were liable to punishment under Section 15 (3) of the same Act.
The first count of the amended 40 counts read, “That you, Government Ekpemupolo (alias Tompolo), Patrick Akpobolokemi and Global West Vessel Specialist Limited in 2012, in Lagos, within the jurisdiction of this honourable court, did conspire amongst yourselves to commit an offence, to wit: conversion of the sum of N601, 516.13 and $1,766,428.62, property of the Nigerian Maritime Administration and Safety Agency, knowing that the said sums were proceeds of stealing and thereby committed an offence contrary to Section 18 (a) of the Money Laundering (Prohibition) (Amendment) Act, 2012 and punishable under Section 15 (3) of the same Act.”
Before the acquittals, the defendants had, during their arraignment four years ago, all pleaded not guilty to the charges.