Court strikes out EFCC appeal challenging acquittal of ex-NIMASA official

The Supreme Court has struck out an appeal filed by the Economic and Financial Crimes Commission (EFCC) seeking to overturn the acquittal of Dismass Alu Adoon, a former aide to the erstwhile Director-General of the Nigerian Maritime Administration and Safety Agency (NIMASA), Patrick Akpolobokemi.

A five-member panel of the apex court, led by Justice Mohammed Lawal Garba, with Justices Chioma Egondu Nwosu-Iheme, Haruna Simon Tsammani, and Jamilu Yammama Tukur concurring, delivered the ruling.

In its decision of September 25, 2025, in appeal No. SC/ML/29/2025, the Supreme Court struck out the EFCC’s motion after the prosecution formally withdrew it, holding that the matter could not proceed any further.

The case originated at the Federal High Court in Lagos, where, in 2019, Adoon was convicted on multiple counts of conversion contrary to Section 15(1) of the Money Laundering (Prohibition Amendment) Act.

He was sentenced to seven years’ imprisonment on each count, with an option of a ₦7 million fine per count.

Adoon appealed the conviction at the Court of Appeal, Lagos Division, which subsequently overturned the verdict.

In a unanimous judgment delivered by Justice Chidi Nwaoma Uwa, the appellate court held that the prosecution failed to prove its case beyond reasonable doubt.

Justice Uwa ruled that Section 15 of the Money Laundering Act is not a strict liability offence and therefore requires proof of knowledge or intent.

The court found that Adoon, who served merely as a personal assistant to the NIMASA Director-General, was responsible only for managing schedules, visitors, and itineraries.

It noted that Adoon neither participated in meetings, tender processes, nor had access to committee accounts, and there was no evidence that he knew or ought to have known that the funds in question were unlawfully obtained.

Emphasising that any doubt in a criminal trial must be resolved in favour of the accused, the appellate court set aside the conviction and acquitted Adoon on all counts.

Dissatisfied with the judgment, the EFCC approached the Supreme Court, seeking to reinstate the conviction. However, after the prosecution withdrew its motion dated February 4, 2025, the apex court struck out the appeal, leaving the acquittal intact.