The Court of Appeal, Lagos Division, has discharged and acquitted former Director-General of the Nigerian Maritime Administration and Safety Agency, NIMASA, Patrick Akpobolokemi, of alleged fraud involving N754.8 million.
In a unanimous judgment delivered on Friday, the appellate court upheld Akpobolokemi’s appeal and overturned the ruling of the Ikeja High Court, which had earlier dismissed his no-case submission.
The court quashed the 12-count charge filed against him by the Economic and Financial Crimes Commission, EFCC.
The EFCC had initially accused Akpobolokemi of conspiracy, stealing, and forgery in connection with purported illegal transfers from the account of the VIMSAS Committee.
While he was initially arraigned alongside several others, the charges were later amended to focus solely on him and one co-defendant.
Justice Raliatu Adebiyi of the trial court had previously held that the EFCC had established a prima facie case against the defendants and directed them to open their defence.
Akpobolokemi, through his counsel, Ogbonna and Kunle Gbolahan, challenged the ruling, arguing that the prosecution had failed to establish any direct link between him and the alleged offences.
The appeal pointed to the reliance on inadmissible evidence and uncorroborated testimonies of prosecution witnesses, including PW9, PW10, and PW11, as well as Exhibits P59 to P61.
The appellate court found merit in the appeal, holding that Akpobolokemi was neither a member of the VIMSAS Committee nor a signatory to any of its accounts.
It also held that he did not authorize or sign any withdrawal instructions or internal memoranda related to the transactions in question.
The court emphasized that trial courts are bound to act only on legally admissible evidence and noted that the evidence relied upon in this case should have been excluded, regardless of whether objections were raised during trial.
By striking out the charges and entering an acquittal, the Court of Appeal brought the protracted legal proceedings against Akpobolokemi to a close.
During the trial, Akpobolokemi’s defence consistently argued that the EFCC had not substantiated its case, while the prosecution, led by Rotimi Oyedepo, maintained that the testimonies of 12 witnesses supported the charges.