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        NDLEA Edo State Command intercepts 53,520.80 kg of drugs

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        NDLEA Edo State Command intercepts 53,520.80 kg of drugs

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        Oyetola formally flags off Nigeria’s IMO Council election campaign in London

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        Nigeria contributes 85,325km² global seabed mapping initiative – Rear Adm. Olugbode

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          Oyetola formally flags off Nigeria’s IMO Council election campaign in London

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          Nigeria contributes 85,325km² global seabed mapping initiative – Rear Adm. Olugbode

          Nigeria contributes 85,325km² global seabed mapping initiative – Rear Adm. Olugbode

          Master mariners seek appointment of coordinating minister for effective marine, blue economy governance

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          TTPs should consider renewable energy for long term projects – Dantsoho, MD NPA

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          Former DG NIMASA, Omatseye, appeals 5 years jail sentence judgment

          onepageafrica by onepageafrica
          June 4, 2020
          in Uncategorized
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          Share this
          Mr Temisan
          Omatseye, a former Director General of the Nigerian Maritime Administration and
          Safety Agency (NIMASA) has appealed against a Federal High Court judgment
          sentencing him to five years imprisonment, on ground that justice had yet been
          established.

          Justice Rita
          Ofilli-Ajumogobia of the Federal High Court, Ikoyi slammed a five years jail
          sentence on Omatseye, without any options of fine, on the ground that Temisan
          gave approval above his threshold of N2.5million.

          Temisan’s
          Lawyer, Barrister Edoka Onyeke, while appealing against the five years
          sentence, which also sacked Omatseye from the employ of NIMASA, argued that his
          client was ‘being persecuted, rather than being prosecuted.’

          The lawyer said
          that the offense of ‘contract splitting; did not exist in the law as at the
          time the client granted the controversial approval.


          Ofilli-Ajumogobia
          had in delivering the judgment noted that the former DG NIMASA, who is facing a
          27-count charge bordering on contract splitting worth N271 million while he was
          the boss of the maritime regulatory agency, was on suspension.

          The lawyer
          noted that the Judge who had been transferred to Kwara jurisdiction threw out a
          January 23, 2013 letter from the BPP which cleared Omatseye of any wrongdoing
          while in the agency.

          The letter
          addressed to former President Goodluck Jonathan, signed by Engr. Emeka Ezeh,
          former DG of the BPP, told the president that after a scrutiny of the case, the
          Bureau was of the view that the 27-count charge cannot secure conviction as
          they were brought under sections of the procurement Act that deals with
          administrative breaches rather than real Offences under the Act that can
          attract conviction or sanctions from the regular courts.

          Temisan
          Omatseye, according to eye witnesses broke down and wept uncontrollably
          after Ofili-Ajumogobia pronounced the judgment sentencing him
          over a-27-count charge bordering on N1.5billion bid rigging and contract
          splitting.

          Delivering her
          judgment by fiat on Friday, Justice Rita Ofili-Ajumogobia, found Omatseye
          guilty of 24 out of the 27 counts preferred against him. 



          The judge found
          Omatseye guilty of the offence of awarding contracts above stipulated
          threshold, and accordingly convicted him on counts 1 to 20,24,25,26, and 27. 
          She, however, discharged and acquitted him on counts 21, 22 and 23 of the
          charge.

          The judge held
          “In the instant charge, the defendant testified in his evidence in chief that
          he was released on administrative bail and asked to come back the following day
          and in his statement, he responded that his threshold for supply was N2.5
          million.”


          “Furthermore, his
          statement was corroborated by Pw2 and Pw3; Pw2 stated in his testimony that in
          line with the Public Procurement Act, the Chief Executive officer had a
          threshold of N2.5 million for goods and N5 million for works.

          “From the
          foregoing, I find that the exhibit PD 16 A-Y are all above the threshold and
          approved limit of the DG; that means, they are all above N2.5 million.

          “The testimony
          of Pw2 and 3 that the approved threshold of the defendant on goods and services
          was N2.5million does not only corroborate the statement of the defendant, but
          totally lends credence to the threshold limit applicable on the defendant as DG
          of NIMASA.

          “ I find that
          the threshold as contained in exhibit PD 16 Z is applicable to the defendant,
          setting his limit as N2.5 million for procurement of goods, and N5 million for
          procurement of services.
           “A calm perusal of exhibit PD 16 series
          reveals that they are repetitive awards of contract for the supply of goods
          approved by the defendant in his position as DG of NIMASA.

          “It is clear
          that all the contract sum are above the threshold as set out in exhibit PD 16
          Z, thereby violating the provisions of section 161 (a) of the Public
          Procurement Act 2007.

          “Accordingly,
          based on the foregoing before this court, I am satisfied that the prosecution
          has proved its case against the defendant beyond reasonable doubt, in the face
          of the offence contained in counts 1-20,24,25,26,and 27. “I accordingly find
          him guilty as charged on these counts.

          On whether the
          prosecution has proved the offence of bid rigging, the court held “It is trite
          law that the prosecution must prove all the essential ingredients of the
          offence before it can be said to have been proved beyond reasonable doubt. 

          “It
          is my view that the prosecution has not established the offence of bid rigging
          against the defendant to secure a conviction on that ground, and I so hold.
          “The accused is
          hereby sentenced to five years imprisonment on counts 1 to 20,24,25,26 and 27
          of the charge.

          “He is
          discharged and acquitted of counts 21, 22, and 23 of the charge. However the
          term of imprisonment is to run concurrently. In his allocutus (mercy plea
          before sentence) counsel to the accused, Onyeke had passionately urged the
          court to tamper justice with mercy.

          He reminded the
          court that the accused was a senior member of the bar who had been suspended
          from work since 2010.

          He had urged
          the court to consider the disposition of the accused that had religiously
          attended court without fail, since his arraignment, and had prayed the court to
          show leniency. To establish his case against the accused, EFCC called a total
          of three witnesses.

          The prosecution
          also tendered several bulk documents as exhibit, while the defendant called two
          witnesses and tendered one document as exhibit.
          Additional information from Maritime First.
          Tags: Federal High CourtjudgmentmaritimeNewsNIMASATemisan Omatseye
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