Alleged N8.5bn Fraud: Court Frees Ex-NIMASA DG, Akpobolokemi, One Other

Wale Igbintade 

A Lagos Federal High Court  has discharged and acquitted a former Director-General of the Nigerian Maritime Administration and Safety Agency (NIMASA), Patrick Akpobolokemi of alleged N8,537,586,798.58  fraud, brought against him by the Economic and Financial Crimes Commission (EFCC).

Justice Ayokunle Faji discharged and acquitted the former NIMASA DG, yesterday  while delivering a ruling on a no-case submission filed by him and fourth defendants, in the 22 counts charges against them.

In discharging and acquitting Akpobolokemi and one Josphine Otuaga, a staff of NIMASA, Justice Faji held that the EFCC failed to establish a prima facie (sufficient evidence) case against them.

However, Justice Faji ruled that a former Commander of the Joint Task Force Operation Pulo Shield, Major-General Emmanuel Atewe (rtd), (second defendant) and a Staff of NIMASA, Kime Engonzu (third defendant), had to open their defence because they had a case to answer in counts 12 to 22 of the charge.

Akpobolokemi, had in a no-case submission filed by his lawyers, Dr. Joseph Nwobike, SAN, leading Collins Ogbonna, prayed the court for an acquittal without having him present a defence.

He stated that the prosecution, with all its witnesses and evidence tendered while making its case, failed to link him to the alleged crimes.

Akpobolokemi was arraigned before the court alongside Major-General Emmanuel Atewe (rtd), a former Commander of the Joint Task Force Operation Pulo Shield, and two other staff of the agency, Kime Engonzu and Josphine Otuaga.

They were prosecuted for an amended 22-count charge bordering on conspiracy, conversion, and stealing (by fraudulent conversion).

They had pleaded “not guilty” to the charges, thereby prompting the commencement of their trial.

Upon conclusion of the prosecution’s case, all the defendants opted for no-case-submission.

Delivering its Ruling, Justice Faji held that none of the witnesses called by the Prosecution led any shred of evidence linking the first defendant, Patrick Ziadeke Akpobolokemi and fourth defendant to the offences they were charged for. 

The court held that having regard to the totality of evidence led by the prosecution failed to provide any credible evidence linking the 1st Defendant with the commission of the crimes alleged against him in Counts 1-11 of the first amended Charge and/or established a prima facie case against him warranting him to enter upon his defence. 

The court also noted that out of the 11 witnesses fielded by the complainant, only one witness, (PW 2), gave evidence where the name of the first defendant (Akpobolokemi) featured, while other witnesses made it abundantly clear that, they did not know the 1st Defendant and did not have any dealings with him. 

“If there is no sufficient evidence linking the accused with the statutory elements and ingredients a court of trial must as a matter of law discharge him. It has no business searching for evidence what is nowhere and therefore cannot be found,” Court held.