Justice Raliat Adebiyi of the Lagos State High Court sitting in Ikeja, Lagos, has dismissed the no-case submission filed by a former Director-General, Nigerian Maritime Administration and Safety Agency (NIMASA), Patrick Akpobolokemi, and a former Executive Director, NIMASA, Ezekiel Bala Agaba, who are standing trial over an alleged N754.8 million fraud.

The defendants had, through their counsel, Collins Ogbonna and E.D. Onyeke, filed the no-case submission. The defendants’ counsel on March 24, 2023 separately adopted their final written addresses and urged the court to uphold the no-case submission.

They prayed the court to hold that the prosecution had not made a prima facie case against the defendants that would necessitate taking to the witness box to defend themselves.

In his response, counsel for the Economic and Financial Crimes Commission (EFCC), Rotimi Oyedepo (SAN), had countered their arguments and urged the court to rely on the evidence placed before it by the prosecution as well as testimonies of the 12 witnesses called.

Oyedepo, therefore, urged the court to dismiss the no-case submission as lacking in merit, and order the defendants to open their defence as “they have a lot of explanations to make.”

However, while ruling on the no-case submission, Adebiyi ruled that the prosecution had made a prima facie case against the two defendants on counts two, three, four, five and seven, bordering on stealing.

The trial judge further held that a prima facie case had been made against the second defendant on counts nine, 10, 11 and 12, bordering on forgery. They were, however, discharged and acquitted on counts one, six and eight, bordering on conspiracy. She, therefore, adjourned the case to September 19 and 20, 2023 for the defendants to open their defence.