The Court of Appeal, Lagos Division, has discharged and acquitted Patrick Akpobolokemi, former Director-General of the Nigerian Maritime Administration and Safety Agency (NIMASA), of all fraud charges involving N754.8 million.
In a unanimous judgment delivered on Friday, the appellate court overturned the ruling of the Ikeja High Court, which had previously dismissed Akpobolokemi's no-case submission. The court quashed the 12-count charge filed against him by the Economic and Financial Crimes Commission (EFCC).
Details of the Case
The EFCC had initially accused Akpobolokemi of conspiracy, stealing, and forgery in connection with alleged illegal transfers from the account of the VIMSAS Committee. While he was originally 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. However, Akpobolokemi, through his counsel, Ogbonna and Kunle Gbolahan, challenged this ruling.
Grounds for Acquittal
The appeal argued that the prosecution had failed to establish any direct link between Akpobolokemi and the alleged offences. It 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. The court also determined that he did not authorize or sign any withdrawal instructions or internal memoranda related to the transactions in question.
In its ruling, the Court of Appeal 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 the trial.
End of a Protracted Legal Battle
By striking out the charges and entering an acquittal, the Court of Appeal has 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.
This judgment marks a significant victory for the former NIMASA Director-General, who has been embroiled in legal battles since leaving office.
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