N754.8m Fraud: Appeal Court Clears Akpobolokemi, Says EFCC Had No Case

The Court of Appeal in Lagos has discharged and acquitted former Director-General of the Nigerian Maritime Administration and Safety Agency (NIMASA), Patrick Akpobolokemi, of alleged N754.8 million fraud, overturning an earlier ruling by the Ikeja High Court.

In a unanimous judgment delivered on Friday, the appellate court quashed all 12 counts of conspiracy, stealing, and forgery filed against Akpobolokemi by the Economic and Financial Crimes Commission (EFCC).

The charges were linked to funds allegedly siphoned from the account of the Vessel Inspection and Maintenance Safety Administration Scheme (VIMSAS).

Justice Raliatu Adebiyi of the Ikeja High Court had earlier ruled that the EFCC had made out a prima facie case and ordered the defendants to enter their defence. But Akpobolokemi appealed the decision, arguing that he was never part of the VIMSAS Committee, was not a signatory to any relevant accounts, and had no involvement in the disputed transactions.

The Court of Appeal agreed, faulting the trial court for relying on inadmissible evidence and testimonies from prosecution witnesses (notably PW9, PW10, and PW11) that lacked credibility. Documents marked Exhibits P59 to P61 were also ruled inadmissible.

The appellate court stressed that a trial court cannot act on inadmissible evidence, even if no objections were raised during trial, citing the legal principle that “a court must act only on evidence admissible in law.”

With that, the Court of Appeal not only set aside the High Court’s ruling but also struck out the entire charge, declaring that Akpobolokemi had no case to answer.

While EFCC’s lawyer, Rotimi Oyedepo (SAN), had relied on testimony from 12 witnesses to prove the charges, the appellate court held that none of the evidence established a link between Akpobolokemi and the alleged offences.

The ruling effectively brings an end to the long-running legal battle that began in 2015 and casts fresh doubt on the prosecutorial strength and case-preparation standards of Nigeria’s top anti-graft agency.