ABEGUNDE
V.
FRN

(2018) JELR 38738 (CA)    

Court of Appeal  ·  CA/L/1167/2016 ·  25 Jun 2018 ·  Nigeria
CORAM
MOHAMMED LAWAL GARBA Justice of The Court of Appeal of Nigeria JOSEPH SHAGBAOR IKYEGH Justice of The Court of Appeal of Nigeria JAMILU YAMMAMA TUKUR Justice of The Court of Appeal of Nigeria
Core Terms Beta
appellant
state
pms
section
evidence
petroleum product
evidence act
litres of pms
exhibit a5
nnpc pipeline
confessional statement
conoil fuel station
asp peter adeleke
facts
pw1
count iii
exhibit d5
nnpc pipelines
sole witness
common course of natural events
instant case
laws of the federation of nigeria
litres of petroleum product
reasonable doubt
underground tank
accused person
appellate court
behalf of conoil station
charge sheet
decision of the federal high court
employee of conoil fuel station
evidence of the pw
explanation of the appellant
facts of the particular case
first leg of section
first time
jamilu yammama tukur
joseph shagbaor ikyegh
leading judgment
litres of premium motor spirit
notice of appeal
ododo fuel station ijede
only evidence
only evidence of the pw1
proper examination of exhibit a5
record of appeal
relevant statements of fact
stolen goods
vandalized pms

JOSEPH SHAGBAOR IKYEGH, J.C.A. (Delivering the Leading Judgment): The appeal is against the decision of the Federal High Court sitting in Lagos (the Court below) whereby it convicted and sentenced the appellant to a term of 3 years imprisonment for stealing 33,000 litres of petroleum product (Premium Motor Spirit (PMS) and 6 years imprisonment for dealing in petroleum product (PMS) without licence contrary to Section 390 of the Criminal Code Cap 38 Laws of the Federation of Nigeria, 2004 and Section 7(b) of the Miscellaneous (Offences) Act, Cap M17, Laws of the Federation of Nigeria, respectively.

The evidence tendered by the respondent, albeit in sketch, was that the appellant received petroleum product (PMS) that was stolen from vandalised NNPC pipelines. The appellant, on the other hand, maintained that he did not steal, nor dealt in vandalised petroleum product (PMS).

The Court below accepted the evidence for the respondent and convicted and sentenced the appellant under count III f…

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