FRN
V.
EMELOGU & ORS

(2018) JELR 39168 (CA)    

Court of Appeal  ·  CA/C/246C/2017 ·  22 Feb 2018 ·  Nigeria
CORAM
IBRAHIM MOHAMMED MUSA SAULAWA Justice of The Court of Appeal of Nigeria CHIOMA EGONDU NWOSU-IHEME Justice of The Court of Appeal of Nigeria STEPHEN JONAH ADAH Justice of The Court of Appeal of Nigeria
Core Terms Beta
prosecutions case
prima facie case
trial court
petroleum product
learned trial judge
end of the prosecutions case
criminal appeal
case submission
laws of the federal republic of nigeria
court order
count charge of conspiracy
respondents counsel
subsequent efforts
said issue
nigerian army
appellant b. u. uko
trial judge
leading judgment
respondents
case
miscellaneous act cap m17
counsel
lawful authority
i. l. ojukwu
evidence
humble view
court ought
totality of evidence
present appeal
accused persons
emem adam esq
case submission of the respondents
stephen jonah adah
burden of proof rests
inter alia
failure of the trial court
circumstances of this case
inspector-general of police
michael uzoagba v. commissioner of police
brief of argument
following dicta
quantity of the product
sole issue
prosecution
lower court
failure of the prosecution
supreme court
sample of the product
credible evidence

CHIOMA EGONDU NWOSU-IHEME, J.C.A. (Delivering the Leading Judgment): The Respondents in this criminal appeal were arraigned before the Federal High Court Uyo Judicial Division presided over by I. L. Ojukwu, J., on an information of a two count charge of conspiracy in dealing with petroleum product without lawful authority and appropriate licence contrary to Section 3(6) of the Miscellaneous Act Cap M17, Laws of the Federal Republic of Nigeria, 2004 and dealing with petroleum product without lawful authority and appropriate licence contrary to Section 1(17)(a) of the Miscellaneous Act Cap M17 Laws of the Federal Republic of Nigeria, 2004.

The prosecutions case as presented at the trial Court was that the Nigerian Army arrested the Respondents on the 2/3/17 with 30 drums of AGO, and handed them over to operatives of the Nigeria Security and Civil Defence Corps through the PW1. A handing over letter to that effect was tendered by the prosecution. From the handing over letter, it was clear…

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