Akpobolokemi rejects trial in Lagos Court over alleged N754.7m NIMASA theft

The embattled immediate past Director-General of Nigeria Maritime Administration Safety Agency (NIMASA) Patrick Akpobolokemi has challenged the jurisdiction of the Lagos State High Court to entertain the allegations of stealing preferred against him by the Economic and Financial Crimes Commission (EFCC)‎.

He told a Lagos State High Court sitting in Igbosere Monday through his counsel Dr. Joseph Nwobike (SAN), that under the 1999 Constitution of Nigeria, only the Federal High Court has authority to try anyone for the offences he is being accused of.

Akpobolokemi and six others were arraigned on January 25, before Justice Adebiyi Raliat at a Lagos State High Court, Igbosere, on a 13-count charge bordering on the stealing of N754, 740,680 million belonging to NIMASA.

They pleaded not guilty and were granted bail.

His co-defendants are Ezekiel Agaba, Ekene Nwakuche, Amechee Juan, Vincent Udoye, Adegboyega Olopoenia and a company, Gama Marine Nigeria Ltd.

At the resumed hearing of the matter yesterday the fourth defendant Governor Amechee Juan, through his counsel Ige Asemudara also filed a similar application.


Nwobike informed the court that he had a notice of preliminary objection dated February 12 and filed on February 15, challenging the court’s jurisdiction to try the case.

‎The application was supported by a five-paragraph affidavit deposed to by one Felix Deckcon.

The defendant asserted that by virtue of Section 251 (1) (a) and (3) of the Constitution of the ‎Federal Republic of Nigeria, 1999 as amended, the Federal High Court has exclusive jurisdiction over matters and causes arising from, pertaining to and or is connected with the revenue of the Federal Government of Nigeria and its agencies.

He argued that the said sections of the Constitution 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 lacks the requisite jurisdiction to entertain criminal causes and matters arising from and or pertaining to; the revenue of the Federal Government of Nigeria, the administration or management and control of the Federal Government or any of its agencies, by virtue of the sections.

Responding, Justice Adebiyi ordered the other defendants in the matter who also intend to challenge the court’s jurisdiction to file ‎their applications before the next adjourned date.

She adjourned to ‎March 9, for the hearing of the preliminary objections.

Akpobolokemi and co were alleged to have between October 30,2014 and May 6, 2015 converted to their  personal use N346,844,680.00 property of NIMASA 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, with a dishonest intent, converted to their own use the sum of N257, 000,000 money released for the implementation of VIMSAS.

The defendants were further alleged to have with intent to defraud knowingly forged a document titled “Re: Request for Payment as consultant for VIMSAS Administration Services” dated May 25, 2015 purported to have been issued by Aroward Consulting limited.