The Court of Appeal, Lagos Division, has overturned a N754.8 million fraud case brought against former Director-General of the Nigerian Maritime Administration and Safety Agency (NIMASA), Patrick Akpobolokemi, by the Economic and Financial Crimes Commission (EFCC).
In a unanimous ruling delivered on Friday, the appellate court allowed Akpobolokemi’s appeal, set aside the earlier judgment by the Ikeja High Court, and dismissed all 12 counts filed by the EFCC. The charges included conspiracy, stealing, and forgery related to alleged illegal fund transfers from the VIMSAS Committee account.
Originally arraigned alongside multiple defendants, the EFCC later amended the charge to name only Akpobolokemi and one co-defendant. At the lower court, Justice Raliatu Adebiyi had held that the EFCC had established a prima facie case on some counts and ordered the defendants to open their defence.
Akpobolokemi, through his legal team—Collins Ogbonna and Kunle Gbolahan—challenged the ruling, arguing that the EFCC failed to prove any wrongdoing. He also said the prosecution relied heavily on inadmissible evidence and untrustworthy witness statements, including testimonies from PW9, PW10, and PW11, as well as Exhibits P59 to P61.
The Court of Appeal agreed with the appellant, holding that Akpobolokemi was neither a member of the VIMSAS Committee nor a signatory to its bank accounts. The court found that he had not signed or approved any withdrawal instructions or internal memos related to the disputed transactions.
The appellate court also emphasised that a trial court must rely only on admissible evidence, regardless of whether objections were raised during trial. As such, it ruled that all inadmissible evidence should have been excluded.
Upholding the principle that “a court must act only on evidence admissible in law,” the court struck out the charges and acquitted Akpobolokemi, effectively bringing the high-profile case to a close in his favour.
During the trial, Akpobolokemi’s defence had maintained that the EFCC’s case lacked merit, while prosecuting counsel Rotimi Oyedepo insisted that testimony from 12 witnesses supported the allegation
