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FRN
V.
ADEMOLA & ANOR

(2021) JELR 109555 (CA)

Court of Appeal 13 Sep 2021 Nigeria
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- The respondent, owner of an IVECO truck, was not involved in or aware of its use by his driver to commit pipeline-related offences; the driver was convicted on a guilty plea for conspiracy, tampering with pipelines, stealing petroleum pro

Case Details

Suit Number:CA/IB/215/2017
Judges:Onyekachi Aja Otisi, JCA Ugochukwu Anthony Ogakwu, JCA Folasade Ayodeji Ojo, JCA
Counsel:MS. TITILOLA AKINWANDE (LEGAL OFFICER, NIGERIA SECURITY AND CIVIL DEFENCE CORPS) For the Appellant; A. O. OLADELE, ESQ. For the Respondents.

UGOCHUKWU ANTHONY OGAKWU, J.C.A. (Delivering the Leading Judgment): EXORDIUM The Respondent in this appeal, Ismaila Akanbi Ademola, is the owner of an IVECO Truck with registration number LAGOS XZ 375 FST. He bought the said truck for the purpose of transporting petroleum products. However, he did not drive the truck himself. The truck was driven by Mojeed Muraina, the convict, who was convicted by the Federal High Court, Ibadan Division upon his plea of guilty to offences of conspiracy, tampering with NNPC pipeline, unlawfully dealing with petroleum products, stealing petroleum products and vandalising NNPC pipeline.

​The Respondent's case is that he had instructed the driver of his said IVECO truck to proceed to Lagos for the purpose of lifting petroleum product for a customer from the IBACEM Depot at Coconut, West Minster Side Lagos. The driver failed to show up as instructed, only to later inform the Respondent that he was attacked by armed robbers. In consequence, the Respondent l…

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