Rita Odafe
The Lagos Division of the Court of Appeal has cleared Patrick Akpobolokemi, the former Director-General of the Nigerian Maritime Administration and Safety Agency (NIMASA), of accusations involving fraudulent activities amounting to N754.8 million.
On Friday, the appellate court reached a unanimous decision supporting Akpobolokemi’s appeal and reversed the earlier judgment by the Ikeja High Court, which had dismissed his application to dismiss the case.
The court annulled the twelve counts brought against him by the Economic and Financial Crimes Commission (EFCC).
The EFCC had charged Akpobolokemi with conspiracy, theft, and forgery related to alleged unauthorized transactions from the VIMSAS Committee’s account.
Initially, he was charged alongside multiple individuals, but the allegations were subsequently revised to focus on him and another co-defendant.
Justice Raliatu Adebiyi of the trial court had previously determined that the EFCC presented a prima facie case and instructed the defendants to mount their defense.
Challenging this, Akpobolokemi, represented by his lawyers, Ogbonna and Kunle Gbolahan, argued that the prosecution had failed to demonstrate any direct connection between him and the alleged crimes.
The appeal highlighted the use of inadmissible evidence and unsupported statements from prosecution witnesses, including PW9, PW10, and PW11, along with Exhibits P59 to P61.
The appellate court found grounds for the appeal, asserting that Akpobolokemi was neither part of the VIMSAS Committee nor an authorized signatory to any related accounts.
The court further stated that he did not approve or sign any instructions for withdrawals or other internal communications tied to the contested transactions.
It reiterated that trial courts must operate solely based on legally acceptable evidence, noting that evidence in this case should have been disregarded, irrespective of any objections made during the trial.
By dismissing the charges and declaring an acquittal, the Court of Appeal concluded the lengthy legal saga facing Akpobolokemi.
Throughout the trial, Akpobolokemi’s defense consistently argued that the EFCC had not proven its case, while the prosecution, led by Rotimi Oyedepo, insisted that the statements from twelve witnesses bolstered the charges.
