MOHAMMED LAWAL GARBA, JCA (Delivering the Leading Judgment): The Appellant along with four (4) other persons, were arraigned before the Federal High Court, sitting at Lagos on a four (4) counts charge No. FHC/LA/200C/2014 for offences of conspiracy, unlawful damage to petroleum pipelines, stealing of petroleum products and dealing in petroleum products without appropriate authority, punishable under the Criminal Code and the Miscellaneous Offences Act (MOA).
The charge for the offences was in the following terms: -
"COUNT I: That you Yama Abass "m" Adeleke Adetoro m Alabi Olayinka 'm' Olaniyi Tope 'm', Beliya A. Abegunde 'm' and others now at large on the 13th of day of July, 2014 at about 0940hrs along Epe/Ikorodu, Lagos State within the Federal Jurisdiction of this Honourable Court did conspire among yourself to commit felony to wit. Damage Petroleum Pipeline Property of the Nigeria National Petroleum Corporation (NNPC) and thereby committed an offence punishable under Section 516 of …