Justice Mojisola Olatoregun of the Federal High Court, Lagos yesterday sentenced a former acting director-general of Nigerian Maritime Administration and Safety Agency (NIMASA), Callistus Nwabueze Obi to seven years imprisonment for unlawful conversion and theft of the sum of N136 million belonging to the agency.
Justice Olatoregun also handed the same jail term to Obi’s co-defendant, Dismass Alu Adoo, a Personal Assistant to the former Director-General of NIMASA, Dr. Patrick Ziadeke Akpolobokemi.
Justice Mojisola Olatoregun had on May 23 found the two convicts guilty of an 8-count charge of conspiracy, unlawful conversion and theft of the sum of N331 million belonging to NIMASA brought against them by the Economic and Financial Crimes Commission (EFCC).
They were docked alongside two companies owned by Obi, Grand Pact Limited and Global Sea Investment Limited, which were also convicted by the court.
While the former Acting DG got a seven year jail term with an option of paying a N42 million fine, the second convict, Adoo got a seven year jail term with an option of N21 million fine for the three counts on which he was convicted.
In her sentence, Justice Olatoregun noted that though the punishment section was silent on the issue of fines, she held that the court had the discretion to award same.
She therefore proceeded to convict the first defendant, Callistus Obi on count two, three, four, six seven and eight.
For each of the count, she sentenced him to seven years imprisonment or an option of N7m fine.
While the sentence is to run concurrently, the fines are cumulative.
On count five, the court imposed a N10 million fine on the two companies, Grand Pact Ltd and Global Seal Investment Limited.
Justice Olatoregun also refused to order the forfeiture to the Federal Government, of a Hotel in Asaba called La Diva Hotel and Events Centre, which is owned by the first defendant.
In the charge marked FHC/L/148C/16, the convicts commwitting the offences between January 6, 2014 and May 30, 2015, in Lagos.
The offences according to the prosecution are contrary to and punishable under Sections 15 and 18(a) of the Money Laundering Prohibitions (Amendment) Act, 2012
When they were arraigned on April 12, 2016, the convicts have pleaded not guilty to the charge and the judge granted them bail in the sum of N5 million with two sureties each in like sum.
During the course of the trial, the anti-graft agency through its lawyer, Rotimi Oyedepo, called eight witnesses as well as tendered several documents which were admitted as exhibits.
Among the witnesses called are three bankers, two Bureau de Change Operators,(BDC) one Ugochukwu Obi, a Senior Assistant to Obi, an official of NIMASA and Orji Chukwuma, an Investigator with the EFCC.
When the prosecution closed its case on January 31, 2017, the convicts filed no-case-submission application, which was rejected by the court on February 21, 2017 and they were ordered to open their defence.
While delivering her judgement on May 23, Justice Olatoregun discharged and acquitted Obi and Adoo of the charge of conspiracy, saying that the prosecution failed to established the offence against the duo.
Justice Olatoregun, however, held that the prosecution through its witnesses and overwhelming evidence, had been able to establish the offence of unlawful conversion and offence of aiding and abetting against all the convicts.
The judge therefore convicted Obi of counts two to eight of the charge, while Adoo, the second defendant was convicted of counts two, three and four of the charge.
The court also convicted Obi’s companies of aiding and abetting.
Meanwhile, stakeholders in the maritime industry have applauded the conviction of the former acting director – general of the Nigerian Maritime Administration and Safety Agency (NIMASA), Calistus Obi for graft.
Former chairman, Nigerian Maritime Expo (NIMAREX), Ayo Adedoyin, said even though it was unfortunate he was sentenced but the sentence would stop corruption in the various parastatals of government.
He said, “Parastatals in Nigeria have the same issues not NIMASA only it’s so sad its happening from them (NIMASA), but they have to start from somewhere and until there is punishment, the whole thing (corruption) won’t stop but they have to start from somewhere but it’s sad its happening from them and it’s sad it is starting from him.
“We can’t say conviction of agency’s heads is in the maritime industry alone because corruption is everywhere in Nigeria but for them to get a conviction… its a very delicate thing because I can’t tell you am following the case or the matter in court, I will be lying to you but the one I know is that of the former DG , but for him he only stood in for some time,” he said.
Also speaking, the former president, National Association of Master Mariners (NAMM), Capt. Tajudeen Alao, said the sentence was a good step in the federal government’s fight against corruption in the nation’s maritime industry and the country as a whole.
Speaking to Our reporter, Alao said the public treasury shouldn’t be left to be pilfered at will. “NIMASA was supposed to be a contracting agent but the trend was changed. But, if Calistus Obi get himself mix up somewhere, the court has decided. He can appeal, make his case,but i don’t know.
“Also, don’t forget that the former DG of NIMASA, Temisan Omatseye, was also sentenced but he went on appeal and he was freed. Though it is not good for the industry and our view outside, but it is a good omen for fight against corruption, it is not witch hunting and everyone will be careful and cautious because when it (treasury) become free for all, it’s not good.
“Crime is part of human life but when it becomes free for all, it’s not good but if graft is little, it can be controlled but when it became free like we have in the last regime, that’s bad for the country,” he told our reporter
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