A federal high court in Lagos has discharged and acquitted Patrick Akpobolokemi, former director-general of the Nigerian Maritime Administration and Safety Agency (NIMASA), of fraud charges.
The charges were brought against Akpobolokemi by the Economic and Financial Crimes Commission (EFCC).
Ruling on a no-case submission filed by the defendants, Ayokunle Faji, the presiding judge, on Monday, discharged and acquitted Akpobolokemi and one Josphine Otuaga, a staff member of NIMASA.
Faji held that the EFCC failed to establish a prima facie case against them.
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However, the judge ruled that Emmanuel Atewe, a former commander of the joint task force operation Pulo Shield, who is the second defendant, and Kime Engonzu, a staff member of NIMASA (the third defendant), have a case to answer on counts 12 to 22 of the charge.
The judge ordered them to open their case.
Akpobolokemi and his co-defendants were arraigned on an amended 22-count charge bordering on conspiracy, conversion, and stealing funds worth N8,537,586, 798.58.
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They had pleaded “not guilty” to all the count charges upon arraignment.
Upon the conclusion of the prosecution’s case, all the defendants opted for no-case submission.
Akpobolokemi had, in a no-case submission filed by his lawyer, Joseph Nwobike, submitted that the prosecution, with all its witnesses and evidence tendered, failed to link him to the alleged crimes.
Faji held that the prosecution failed to link Akpobolokemi to the offences in counts 1-11 where he was mentioned.
“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,” the judge held.
“It has no business searching for evidence that is nowhere and therefore cannot be found.”
