Skip to main content

N1.5b Scam: Appeal Court Overturns Former NIMASA Director's Conviction

A court of Appeal sitting in Lagos on Thursday discharged and acquitted Raymond Omatseye , the former Director- General (D-G), Nigerian Maritime Administration and Safety Agency (NIMASA), convicted of awarding contracts above his threshold.
Omatseye was on May 20, 2016 convicted and sentenced to five years’ imprisonment by Justice Rita Ofili-Ajumogobia of a Federal High Court in Lagos over a N1.5 billion-contract scam.
Ofili-Ajumogobia ruled then that Omatseye had awarded contracts worth N2.5 million above his stipulated threshold, and accordingly, convicted him in 24 out of 27-count charge.
Omatseye was sued by the Economic and Financial Crimes Commission (EFCC).
The ex-NIMASA boss, however, through his lawyer, Mr Edoka Onyeke, went on appeal.
On his grounds of appeal, his lawyer argued that Omatseye was persecuted and not prosecuted, stressing that contract splitting though existing in the law, the approval above threshold does not exist.
He also argued that the judge threw out a Jan. 23, 2013, letter from the Bureau of Public Procurement (BPP), which cleared Omatseye of any wrong doing while in the agency.
Onyeke argued that the letter was addressed to the former President Goodluck Jonathan, signed by Emeka Ezeh, former D-G of BPP.
He said that the letter had informed the president that after a scrutiny of the case, the Bureau was of the view that the 27 charges were breaches brought under sections of the Procurement Act.
He also said the breaches dealt with administrative breaches rather than real offences under the Act that could attract conviction or sanctions from the regular courts.
He said, surprisingly, the lower court jettisoned the report admitted as evidence in court. It, however, discharged and acquitted Omatseye on a three-count charge bordering on contract splitting.
Onyeke said that the court, however, sentenced Omatseye to five years’ imprisonment on 24-count charge of N2.5million approval above his threshold, which does not exist in law.
But the appellate court, after going through the grounds of appeal, held among others, that the trial court did not properly evaluate the evidence.
The court, presided over by Justice Yargata Nimpar, resolved all five grounds of appeal in the appellant’s favour.
Other members of the three-man panel were: Justice Adejumo Obaseki and Justice Abraham Georgewill.
In reaching its decision, the court considered four issues for determination, including whether under Section 16(1)(A) of the Public Procurement Act 2007, approval for spending over the threshold constitutes an offence.
Justice Nimpar, who read the judgment, considered whether the trial court properly evaluated the evidence.
She said: “I found that it did not.
“The long and short of it, is that, the appeal succeeds. The prosecution should not ride roughshod over the Constitution.
“The judiciary will do the war on corruption more harm by declaring someone a criminal, where no offence has been committed.
“I find merit in the appeal. The conviction is hereby set aside and the appellant is hereby discharged and acquitted”.
The News Agency of Nigeria (NAN) reports that Omatseye’s kinsmen who were in court dressed in their native attire were happy with the judgment.  

Raymond Temisan Omatseye, former NIMASA DG
Labels:

Comments

Post a Comment

Popular posts from this blog

Kenny Baker, actor behind R2-D2, dies

The 3ft 8in actor, who starred in six Star Wars films as well as Time Bandits and Flash Gordon, was 81 The British actor who played R2-D2 in the Star Wars films has died at the age of 81 after a long illness. Kenny Baker, who was 3ft 8in tall, shot to fame in 1977 when he first played the robot character. Meeting Kenny Baker, the real-live human behind R2-D2 He went on to play the character in The Empire Strikes Back and Return of the Jedi, as well as the three Star Wars prequels from 1999 to 2005. He also appeared in a number of other much loved films in the 1980s, including The Elephant Man, Time Bandits and Flash Gordon. His niece, Abigail Shield, paid tribute to her uncle. She told the Guardian: “It was expected, but it’s sad nonetheless. He had a very long and fulfilled life. He brought lots of happiness to people and we’ll be celebrating the fact that he was well loved throughout the world. We’re all very proud of what he achieved in his lifetime.” Baker and Shiel...
Post a Comment
Read more

What You Must Not Tell Kidnappers - Victim Reveals

The arrest of notorious and billionaire kidnap kingpin, Evans, does not decimate kidnap cases in Nigeria. Kidnappers are on the look-out for the next victim. One just need to be vigilant so as not to fall prey into their hands. An abductee of one of the recent kidnap cases of the Abuja-Kaduna expressway has revealed the traumatic experience he and others underwent in the hands of their dreaded abductors. The victim, who craved anonymity for security concerns, revealed what caused the instant death of two kidnap victims whom they were abducted together. The victim, told BBC Hausa Service that two of the kidnapped passengers were killed for admitting that they had nobody to pay their ransom. "I was traveling to Kaduna and we left Zuba garage on a commercial car. On reaching Katari (town), we met the kidnappers; 7 of them. They stopped us and chased us into the tick of the bush. We trekked from 1pm until 3am. “We don’t know where they kept us in the bush, because I have ne...
Post a Comment
Read more

Comedian Basketmouth robbed in his Lekki home

Basketmouth Famous Nigerian stand-up comedian, Bright Okpocha popularly known as Basketmouth and his family were in the early hours of this morning robbed at their Lekki home at gunpoint. His close friend and colleague, comedian Bovi took to his Instagram page to say that Basketmouth and family are safe and unhurt after the robber’s invasion. According to Bovi, the bandits carted away valuables and the security footage. See his post below:
Post a Comment
Read more