NORTHERN property developer Erastus Nikodemus of Greywall Properties was last week acquitted on charges of fraud, forgery and the uttering of forged documents.
Nikodemus, along with two co-accused, were arrested in March 2017 by the Anti-Corruption Commission (ACC) for allegedly defrauding the Ongwediva Town Council between 2009 and 2013.
The trio, which includes Immanuel Nikodemus and Tonderai Makandjera, have each been granted bail in the amount of N$50 000.
Erastus Nikodemus’ firm was hired as consulting architects by the council’s tender board to administer and supervise a tender process and the construction of houses under the Ongwediva Town Council’s housing project.
Nikodemus faced 21 counts of fraud, corruption, forgery and the uttering of forged documents.
According to the ACC, he pretended to be an architect or quantity surveyor without being registered as one.
His brother and co-accused, Immanuel, faced 13 counts, while Zimbabwean national Makandjera faced 15 counts of fraud, corruption, forgery and the uttering of forged documents.
Makandjera is a former employee of Greywall Properties.
The defrauded amount totals more than N$3,37 million.
The trio was accused of forging planning, design, preparation, tender evaluation and construction supervision documents.
Their arrests in 2017 came after an ACC investigation into alleged corrupt practices since 2012.
It is alleged the trio initially defrauded the council of more than N$870 000, while N$2,5 million was allegedly pocketed later.
It is further alleged that Nikodemus Architectural Design was contracted by the council to plan, design, and prepare tender documents, advertise, administer, evaluate and supervise the tender to construct social housing units for the council, while the firm was not legally registered to do so.
However, the same contract ended up with West Wing Investment CC, a company established by Erastus in the name of his brother.
Appearing before magistrate Leopoldt Hangalo at the Oshakati Regional Magistrate’s Court, the trio was represented by prominent lawyer Richard Metcalfe.
Metcalfe argued that the facts presented by the state could not prove the charges.
“The state has failed to present credible evidence to the court to sustain any conviction on any offence against all the accused. These were the most ridiculous cases I have ever done, and the magistrate agreed with me. And to imagine this case has been going on for the past three years,” he charged.
Hangalo dismissed the case on the basis that a trial by ambush is not allowed in Namibia.
“I am in complete agreement with the submission of the defence that in the whole process there was no criminality, unlawfulness or prejudice to anybody. In fact, the witnesses by the state exonerated the accused persons.
“The state did not prove its case beyond reasonable doubt, and as such a not-guilty verdict is found on all counts, including the alternatives.
“They are all acquitted, and bail money is to be refunded to the accused,” Hangalo said.
When approached for comment, Nikodemus referred all queries to his lawyer.
