A former acting Director General of the Nigerian Maritime Administration and Safety Agency, Calistus Obi who is being tried for an alleged fraud of N136m, told Lagos High court on Monday that part of the money was channelled into the building of his hotel in Delta State.
EFCC had on April 12, 2016, arraigned Obi, alongside one, Alu Dismas, a former P.A to the immediate past DG of NIMASA, Patrick Akpobolokemi, and two firms, before the Justice Mojisola Olatoregun of a Federal High Court sitting in Lagos on an 8-count charge of converting N331 million belonging to agency for personal use.
While being quizzed by EFCC’s lawyer, Rotimi Oyedepo, the witness disclosed that he transferred part of the diverted money to a firm known as Seastroke International, which built a hotel for him in Asaba, Delta state.
He, however, claimed he refunded the money when asked to do so by the EFCC.
“I used part of the money to build my hotel constructed by Seastroke International. But the money has since been refunded to the EFCC.
“The hotel is located somewhere in Asaba, Delta State. I can’t recollect the address now. The building is completed and is already functioning. The title documents of the hotel is being processed but I have the Certificate of Occupancy and I can produce it before the court.”Obi said
His lawyer, Wale Akoni (SAN), however,opposed the prosecutor’s enquiry about the title documents of the hotel, which he contended was not a subject before the court.
Akoni said, “My Lord, I am opposed to this line of questioning by the prosecution’s lawyer. The ownership of the hotel is not an issue in these proceedings. The prosecution is only trying to device a means of seizing the title documents through the back door.”
In his response, the EFCC lawyer, Oyedepo, urged the court to allow him to continue with his enquiry about the hotel, saying the witness had already admitted deploying part of the allegedly diverted money to building it.
“The witness has admitted that part of the funds allegedly diverted by him was used in building the hotel that is now functioning. At the end of this case, the law, as it stands today, empowers My Lord to forfeit property acquired with proceeds of unlawful activity.
“Section 30 of the EFCC Act empowers the court to forfeit proceeds of unlawful activity. I urge the court to allow us ask questions that will lead to the recovery of the title documents so that it can form part of the court’s record,” Oyedepo said.
Justice Mojisola Olatoregun, in ruling dismissed Akoni’s objections, holding that “the questions asked on the title documents are in order and the issue of the EFCC trying to forcefully seize it does not arise.”
Justice Olatoregun, in his ruling adjourned hearing in the matter to March 7 by 12noon for continuation of cross-examination of DW1.
Meanwhile, the second defendant, Dismas, burst into tears in the open court on Monday after the judge revoked the bail granted him and remanded him in prison custody over lateness to court.
Justice Olatoregun said it was not the first time that Dismas, who walked in at about 10.35am on Monday, would come late to court or be absent, stressing that the court could not wait for an accused person.
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