Court of Appeal Clears Ex-NIMASA DG, Patrick Akpobolokemi, of N754.8 Million Fraud Charges

The Court of Appeal sitting in Lagos has discharged and acquitted the former Director-General of the Nigerian Maritime Administration and Safety Agency (NIMASA), Patrick Akpobolokemi, of alleged N754.8 million fraud charges.

In a unanimous decision 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.

TJ News Nigeria gathered that the appellate court also quashed the entire 12-count charge brought against him by the Economic and Financial Crimes Commission (EFCC).

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Details of the Fraud Allegations

The EFCC had accused Akpobolokemi of conspiracy, stealing, and forgery, claiming that he was involved in the illegal transfer of funds from the account of the Voluntary International Maritime Organisation Member State Audit Scheme (VIMSAS) Committee.

Initially, Akpobolokemi was arraigned alongside other defendants before the charges were amended to focus solely on him and one other co-defendant.

The trial judge, Justice Raliatu Adebiyi of the Ikeja High Court, previously held that the EFCC had established a prima facie case against the defendants and ordered them to open their defence.

Grounds of Appeal

Akpobolokemi, represented by his legal team led by Ogbonna and Kunle Gbolahan, challenged the decision of the trial court. His counsel argued that the prosecution failed to establish any direct involvement of the former NIMASA DG in the alleged offences.

The appeal further contended that the EFCC relied on inadmissible evidence and uncorroborated testimonies from key prosecution witnesses, including PW9, PW10, and PW11, alongside several documentary exhibits marked as Exhibits P59 to P61.

Court of Appeal Verdict

In its judgment, the Court of Appeal found merit in Akpobolokemi’s appeal. The appellate court held that the former NIMASA boss was neither a member of the VIMSAS Committee nor a signatory to any of its accounts.

The court also ruled that Akpobolokemi did not authorize or sign any documents related to the controversial transactions, including withdrawal instructions or internal memoranda.

Significantly, the appellate panel emphasized that trial courts are duty-bound to rely strictly on legally admissible evidence in reaching their verdicts. It stated that inadmissible evidence, even if not challenged during trial, cannot form the basis of a conviction.

Legal Implications of the Judgment

By striking out the charges and entering an acquittal, the appellate court effectively ended the protracted legal battle between Akpobolokemi and the EFCC over the N754.8 million fraud allegations.

Throughout the trial, Akpobolokemi’s defence maintained that the EFCC failed to substantiate its case against him. However, the prosecution, led by Rotimi Oyedepo, argued that the testimonies of twelve prosecution witnesses supported the charges brought against the former maritime agency chief.

Despite the EFCC’s insistence, the appellate court’s judgment has cleared Akpobolokemi of all wrongdoing in relation to the case.