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AG FED
V.
OMOMOH & ORS

(2018) JELR 39553 (CA)

Court of Appeal 26 Mar 2018 Nigeria
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Case Details

Suit Number:CA/IB/85C/2015
Judges:CHINWE EUGENIA IYIZOBA Justice of The Court of Appeal of Nigeria HARUNA SIMON TSAMMANI Justice of The Court of Appeal of Nigeria NONYEREM OKORONKWO Justice of The Court of Appeal of Nigeria
Counsel:A.O. Okuselu, Esq. (Legal Officer, Nigerian Securities and Civil Defence Corp, Ogun State) with him, S.S. Adegbanjo (Legal Officer) For Appellant Respondents not represented but duly served For Respondent

CHINWE EUGENIA IYIZOBA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the Federal High Court Ogun State, Abeokuta in Suit No. FHC/AB/10C/2013 delivered on the 11th day of December, 2014 Coram Ogunbanjo J. wherein all the Respondents were discharged and acquitted of the offences of conspiracy and unlawful dealing in petroleum products; and the 3rd Respondent alone discharged and acquitted of being in possession of ammunition to wit live cartridge without permit or license.

THE FACTS:

The Prosecutions case was that on the 9th of January, 2013, some officers of Nigerian Security and Civil Defence Corps (NSCDC) went with an informant to Magboro Oil Pipeline restricted area to recover some exhibits. On the waterway leading to the Pipeline they saw a canoe with five men in it. There were many jerry cans of 50 litres and sacks in the canoe. It was alleged that the canoe was coming from the direction of the pipeline and facing the shore. As soon as the cano…

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