Alleged N8.5BN Fraud: Court Orders Former JTF Commander, Atewe, To Open Defence

•As judge frees former NIMASA DG, Akpobolokemi 

Justice Ayokunle Faji of the Federal High Court, Ikoyi, Lagos, on Monday, April 22, 2024, acquitted and discharged the former Director-General (DG) of the Nigerian Maritime Administration and Safety Agency (NIMASA), Patrick Akpobolokemi, accused of committing fraud to the tune of N8,537,586,798.58 billion.

The court took the decision while handing down its ruling on the no-case submission initiated by Akpobolokemi and the 4th defendant.

The Economic and Financial Crimes Commission (EFCC) had dragged Akpobolokemi before Justice Faji to provide answers to the 22 counts charge against him by the anti-graft agency.

While discharging and acquitting Akpobolokemi alongside the fourth defendant, Josphine Otuaga, a staff of NIMASA, Justice Faji declared 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 (JTF), Operation Pulo Shield, Major-General Emmanuel Atewe (rtd), (second defendant) and a Staff of NIMASA, Kime Engonzu (third defendant), to open their defence on the reason that they have a case to answer in counts 12 to 22 of the charge.

Akpobolokemi had in a no-case submission initiated by his counsel, Dr Joseph Nwobike (SAN), prayed to the judge for an acquittal without having him present a defence.

Dr Nwobike had further argued that the EFCC, with all its witnesses and evidence tendered while making its case, failed to link Akpobolokemi to the alleged crimes.

The former NIMASA DG was arraigned alongside Major-General Atewe (rtd), and two other staff of the agency, Engonzu and Otuaga on an amended 22-count charge bordering on conspiracy; conversion; and stealing (by fraudulent conversion).

One of the counts read: “That you, Patrick Ziadeke Akpobolokemi, Major General Emmanuel Atewe, Kime Engozu, and Josphine Otuaga sometime in 2014, in Lagos, within the jurisdiction of this court, with intent to defraud, conspired among yourselves to commit an offence to wit: conversion of the sum of N8,537,586,798.58, property of the Nigerian Maritime Administration and Safety Agency and you thereby committed an offence contrary to Section 18 (a) of the Money Laundering (Prohibition) Act 2012 and punishable under Section 15 (3) of the same Act.”

The defendants had pleaded not guilty, leading to the commencement of trial.

After the prosecution’s case, all the defendants opted for a no-case submission.

In handing down his 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 the fourth defendant to the offence they were charged with. 

Justice Faji equally declared that having regard to the totality of evidence led by the prosecution, the EFCC 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. 

Justice Faji further noted that out of the eleven witnesses fielded by the complainant, only one witness, (PW 2), provided evidence where the name of the 1st defendant (Akpobolokemi) featured, while other witnesses made it clear that they did not know the 1st defendant and did not have any dealings with him. 

The judge said: “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 that is nowhere and therefore cannot be found.”

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