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How former NIMASA chief, Agaba, bagged seven years imprisonment

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By Onyewuchi Ojinnaka

A former Executive director of Nigerian Maritime Administration and Safety Agency (NIMASA) Captain Ezekiel Bala Agaba was on Wednesday July 15 sentenced to seven years imprisonment by Justice Ibrahim Buba of a Federal High Court sitting in Lagos Nigeria.

Captain Agaba, was found guilty and convicted by Justice Buba on seven counts charges bothering on conversion, criminal breach of trust and money laundering of N1,541,408,666.00 filed against him by the Economic and Financial Crimes Commission (EFCC). 

While delivering the judgement, the judge held that the EFCC proved its case beyond reasonable doubt, that the convict stole the said sum from NIMASA while he was in charge of Maritime, Safety and Shipping. 

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Consequently, Buba sentenced Ezekiel Agaba to seven years imprisonment on each of the seven counts, cumulating 49 years with effect from the day of judgement, that is today Wednesday July 15, 2020.

However, the  judge said the sentences will run concurrently,  implying that Agaba will spend a maximum of only seven years in jail. 

“The sentence runs with effect from today (Wednesday).”

Meanwhile the court declined the application of EFCC counsel, Rotimi Oyedepo for the forfeiture of property allegedly bought by Agaba from the proceeds of the laundering. 

But Buba upheld the submission of the Agaba’s counsel Mr E.D. Oyeneke who argued that the property is the subject of another suit at the Federal High Court. 

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Oyeneke had also in his allocutus prayed the court to order a non-custodial sentencing for Agaba in view of his age being in the high risk category for COVID-19 pandemic infection in prison. 

Referring to the allocutus by the defence counsel, the judge said: In view of the COVID-19 pandemic, counsel should consider approaching the state for pardon for the convict,”  

The EFCC had in 2015 arraigned Agaba alongside a former NIMASA Managing Director (MD) Dr. Patrick Akpolobokemi, a former NIMASA staff Ekene Nwakuche and the chairman of Ndokwa Local Government Area (LGA) of Delta State, Juan Amechee Governor, for allegedly laundering N2.6 billion. They pleaded not guilty. 

Akpobolokemi filed a no case submission but Buba, on October 16, 2017, dismissed it. 

The ruling  was overturned by the Court of Appeal in Lagos on June 1, 2018, which unanimously discharged and acquitted Akpobolokemi. 

Following the appellate court’s decision, the EFCC on October 10, 2019, withdrew the charges against Governor and Nwakuche but maintained an amended charge against Agaba. 

The Commission told the judge that between December 23, 2013 and March 13, 2014 in Lagos, Agaba converted the N1.5billion in tranches of N437,726,666.60; 

N66,800,000; N21,802,000 and N402,480 000.00; N525,000,000; N70,000.000 and N176, 000,000. 

The funds were laundered through Seabulk Offshore Operator Ltd, Ace Protehesis Limited, Extreme Vertex Nigeria Limited and Aroward Consulting Limited. 

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