The Lagos Division of the Court of Appeal Friday discharged and acquitted a former Director General of the Nigerian Maritime Administration and Safety Agency, Patrick Akpobolokemi, who was charged with an alleged fraud of N2.6 billion.
Delivering a lead judgment in a three-judge panel, Yargatta Nimpar, said they unanimously upheld the no-case submission filed by Mr Akpolokemi in response to the criminal charges.
The Appeal Court overruled the decision of Ibrahim Buba, a judge of the Federal High Court in Lagos, who, on October 16, 2017, dismissed the NIMASA boss’s no-case submission.
The Economic and Financial Crimes Commission on December 4, 2015, arraigned Mr Akpobolokemi alongside five others for allegedly diverting N2.6 billion from the coffers of NIMASA between December 2013 and May 2014.
The funds, the EFCC claimed, were approved by former President Goodluck Jonathan for the implementation of a security project tagged, “International Ship and Ports Security Code in Nigerian Ports.”
Those charged with Mr Akpolokemi were Ezekiel Agaba, Ekene Nwakuche, Governor Juan, Blockz and Stonz Limited and Al-Kenzo Logistics Limited.
The six defendants had all pleaded not guilty to the 22 charges pressed against them, following which the EFCC opened its case, calling 12 witnesses and tendering 77 exhibits in a bid to prove the allegation.
Upon the closure of the EFCC’s case in 2017, all the defendants had filed no-case submissions, contending that the prosecution failed to establish a prima facie case against them.
But Mr Buba of the Federal High Court, in an October 16, 2017, ruling dismissed their no-case submissions, holding that they had a case to answer.
“From the evidence of the first prosecution witness, it is well established that all the defendants have case to answer,” Mr Buba said.
“The exhibits tendered and the testimonies of other witnesses have established that there is a prima facie case against the defendants.”
On Friday, the appellate court discharged an acquitted Mr Akpobolokemi of the entire 22 counts.
However, the five other defendants were not discharged as the appellate court upheld Mr Buba’s verdict that they had a case to answer.
Mr Akpobolokemi is also facing an N8.5 billion fraud charge before Raliat Adebiyi, a judge of a Lagos Division of the Federal High Court.
