MD ZAHIRUL ISLAM
V.
FRN

(2018) JELR 39075 (CA)    

Court of Appeal  ·  CA/L/940Bc/2016 ·  19 Mar 2018 ·  Nigeria
CORAM
TIJJANI ABUBAKAR Justice of The Court of Appeal of Nigeria UGOCHUKWU ANTHONY OGAKWU Justice of The Court of Appeal of Nigeria ABIMBOLA OSARUGUE OBASEKI-ADEJUMO Justice of The Court of Appeal of Nigeria
Core Terms Beta
appellant
vessel
evidence
state
crude oil
reasonable doubt
lower court
appropriate licence
lawful authority
mt asteris
accused persons
evidence act
petroleum products
exhibit p23
defence of alibi
exhibit p21
nigerian army
charge of conspiracy
miscellaneous offences act
provisions of section
illegal means
list intelligence report
prosecution witnesses
testimony of the dw1
1st accused vessel
alleged offence
cases of ogogovie v
charge no. fhc
count charge of conspiracy
criminal justice system
end of trial
evidence of the lloyd
exhibit shows
failure of the lower court
federal high court
federal republic of nigeria v
light of the evidence of pw1
mere fact of alleged attempt
positive evidence of a meeting of the minds
said exhibit
ship maintenance job
sole issue
true identity of the 1st accused
ugochukwu anthony ogakwu
word export

UGOCHUKWU ANTHONY OGAKWU, J.C.A. (Delivering the Leading Judgment): The Appellant was one of ten Defendants arraigned before the Federal High Court, Lagos Division in CHARGE NO. FHC/L/239c/2015: FEDERAL REPUBLIC OF NIGERIA v. MT ASTERIS and 9 ORS. The Defendants were arraigned on a four count charge of conspiracy to deal with crude oil without lawful authority or appropriate licence, dealing in crude oil without lawful authority or appropriate licence, attempting to export crude oil without lawful authority or appropriate licence and storing crude oil without lawful authority or appropriate licence. At the end of trial, the lower Court, Coram Judice: Buba, J., convicted the Defendants as charged. The Appellant being dissatisfied appealed against the judgment.

The parties filed and exchanged briefs of argument. The extant briefs on which the appeal was argued are:

1. Amended Appellants' Brief of Argument filed on 2nd November, 2017 but deemed as properly filed on 6th December, 2017.

2. Re…

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