EFCC Press
Release
After five years of grueling legal
battle, justice is finally served as a Federal High Court sitting in Lagos
today convicted a former Director General of the Nigeria Maritime
Administration and Safety Agency, NIMASA, Mr. Temisan Omatseye.
Justice Rita Ofili- Ajumogobia in a
landmark ruling convicted the former DG on 25 of the 27-count charge bordering on
alleged contract variation, bid rigging and awarding contract above his
approval limit which violates the provisions of the Public Procurement Act, brought against him by the Economic and Financial Crimes
Commission, EFCC.
Omatseye was first docked by the anti graft agency
in February 2011 before Justice Binta Nyako and later re-arraigned on an amended
27-count charge before Justice Rita Ofili - Ajimogobia in January 2013 after
Justice Nyako was transferred out of the Lagos division of the court.
Some
of the charges against Omatseye read:
“That
you Temisan Omatseye whilst carrying out your duty as the Director-General of
the Nigerian Maritime Administration and Safety Agency (NIMASA) on the 16th Day
of February, 2010, split tenders for, and approved, three contract awards to
Wabil Nigeria Limited, to wit: Contract Nos: (a) NIMASA90127/02/2010 (b)
NIMASA90137/02/2010 (c) NIMASA90139/02/2010 for supply office accessories, to
enable you evade your official limit of monetary thresh hold of contract
approval, and thereby contravening the provision of Section 58(4)(d) of the
Public Procurement Act, 2007 and punishable under Section 58(5)(a)(b) of the
same Act.
“That
you Temisan Omatseye whilst carrying out your duty as the Director General of
the Nigerian Maritime Administration and Safety Agency(NIMASA) on the 29th day
of January, 2010, split tenders for, and approved, two contract awards to
Franxeel Limited wit: Contract Nos: (a) NIMASA90084/01/2010 (b)
NIMASA90085/01/2010 for supply of computer accessories, to enable you evade
your official limit of monetary thresh hold of contract approval, and thereby
contravening the provision of Section 58(4)(d) of the Public Procurement Act,
2007 and punishable under Section 58(5)(a)(b) of the same Act”.
He had pleaded not guilty, paving the way for trial
to commence. In the course of trail both the prosecution and the defendant
called several witnesses.
On March 14, 2016 the parties adopted their final addresses.
The defence counsel, Edoka Onyeke had urged the court to dismiss the case against the former NIMASA boss on the grounds that, the prosecution has not been able to prove its case beyond reasonable doubt. But prosecuting counsel, Godwin Obla, SAN expressed confidence that the 27-count charge against the defendant has been proved beyond all reasonable doubt and prayed the court to find the defendant guilty as charged.
According to Obla, 25-counts of the charges preferred against Omatseye dwelt on the approval of contract above the threshold level and the other two counts dealt with bid rigging. He also said that, contrary to existing regulations, contract was awarded to a company that was the highest bidder and which was not even pre-qualified for the contract.
After listening to all the submissions, Ajumogobia adjourned the matter till May 9, 2016 for judgment.
The defence counsel, Edoka Onyeke had urged the court to dismiss the case against the former NIMASA boss on the grounds that, the prosecution has not been able to prove its case beyond reasonable doubt. But prosecuting counsel, Godwin Obla, SAN expressed confidence that the 27-count charge against the defendant has been proved beyond all reasonable doubt and prayed the court to find the defendant guilty as charged.
According to Obla, 25-counts of the charges preferred against Omatseye dwelt on the approval of contract above the threshold level and the other two counts dealt with bid rigging. He also said that, contrary to existing regulations, contract was awarded to a company that was the highest bidder and which was not even pre-qualified for the contract.
After listening to all the submissions, Ajumogobia adjourned the matter till May 9, 2016 for judgment.
However judgment was deferred on
May 9, following the transfer of the trial judge to the Illorin division of the
court. Consequently a new date of May 20 was fixed for judgment.
Before delivering her judgment today, Justice Ajumogobia
reviewed the trial and came to the conclusion that the prosecution successfully
proved 25 of the 27 counts brought against Omatseye. She therefore found him
guilty as charged. Before pronouncing the sentence, the defence counsel, Onyeke
urged the judge to tamper justice with mercy. Justice Ajumogobia then sentenced
Omatseye to five years imprisonment on each of the counts.
She added that the sentences were to run
concurrently.
The court also ordered that Omatseye should be
dismissed from the Public Service.
Wilson Uwujaren
Head,
Media & Publicity
20th
May, 2016
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