MUDASHIRU NASIRU ONIYANGI, J.C.A. (Delivering the Leading Judgment) This appeal No: CA/B/125CA/2016 is a sister appeal to appeal number CA/B/125C/2016. It is against the judgment of the Federal High Court, Asaba Judicial Division, sitting in Asaba Delta State in Suit number FHC/ASB/5C/2014 delivered on the 19th day of February 2016.
The facts that led to the arrest and subsequent arraignment of the Appellant is as follows: On the 26th day of September 2013 at about 10.12 hours one Nelson Ashubudike and his team of the intelligence Department of the Nigeria Security and Civil Defence Corps arrested the Appellant and one MUSA DANJUMA at Chipet Filling Station along Asaba Benin express way while discharging petroleum product suspected to be illegally possessed. The accused was subsequently arraigned with the other suspect before the Federal High Court Asaba on an initial three counts charge. The Appellant pleaded not guilty to the counts. The three counts charge was amended and an amended…