The Court of Appeal in Lagos has discharged and acquitted Patrick Akpobolokemi, a former Director-General of the Nigerian Maritime Administration and Safety Agency (NIMASA), of a N754.8 million fraud charge filed against him by the Economic and Financial Crimes Commission (EFCC).

 

In a unanimous ruling delivered via Zoom on Friday, the three-man appellate panel upheld Akpobolokemi’s appeal, overturned the decision of the Lagos State High Court in Ikeja, and struck out all 12 charges of conspiracy, stealing, and forgery. The court found that the EFCC failed to establish any direct connection between Akpobolokemi and the alleged fraudulent activities.

 

According to the EFCC, the former NIMASA boss had allegedly taken part in unlawful withdrawals and fund transfers from the Voluntary International Maritime Organisation Member State Audit Scheme (VIMSAS) Committee’s account. However, the Appeal Court concluded that Akpobolokemi was neither a member of the committee nor a signatory to its accounts and had not approved any financial transactions linked to the case.

 

Originally charged alongside several individuals, the case was later narrowed to Akpobolokemi and one co-defendant. The trial court had earlier ruled that a prima facie case existed, requiring the accused to present a defence. However, his legal team, led by Collins Ogbonna and Kunle Gbolahan, challenged that decision, arguing that the EFCC’s evidence was unreliable and inadmissible.

 

The appellate justices agreed, stating that testimonies from EFCC witnesses PW9, PW10, and PW11, along with Exhibits P59–P61, were not legally admissible. They emphasized that courts are required to rely solely on evidence permitted by law, even if no objections were raised during trial proceedings.

 

Consequently, the Court of Appeal concluded that the prosecution had not met the legal standard required to secure a conviction, and all charges against Akpobolokemi were dismissed.