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OGUNGBAIBI
V.
FRN

(2017) JELR 37228 (CA)

Court of Appeal 14 Jul 2017 Nigeria
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- The appellant, an assistant commercial manager at Hepa Global Energy Ltd., was convicted and sentenced by the Federal High Court, Lagos, to 10 years’ imprisonment for conspiracy and unlawful dealing with petroleum products (Premium Motor

Case Details

Suit Number:CA/L/147CB/2016
Judges:JOSEPH SHAGBAOR IKYEGH Justice of The Court of Appeal of Nigeria BIOBELE ABRAHAM GEORGEWILL Justice of The Court of Appeal of Nigeria JAMILU YAMMAMA TUKUR Justice of The Court of Appeal of Nigeria
Counsel:Mr. A. Oyeyipo, SAN with him, Messrs A. A. Akande, N. Ogunsakin and M.O. Olagbaiye For Appellant Mr. R. Oyedepo with him, Mr. N. Anana For Respondent

JOSEPH SHAGBAOR IKYEGH, J.C.A. (Delivering the Leading Judgment): The appeal is from the judgment pronounced by the Federal High Court sitting in Lagos (the Court below), whereby it convicted and sentenced the appellant to 10 years in prison on a 5 count charge of conspiracy and dealing with Premium Motor Spirit (PMS) or petroleum product without lawful authority or appropriate licence contrary to Section 4(1) and (6) of the Petroleum Act and Section 1(17)(a) and (b) of the Miscellaneous Offences Act. 2004.

It would appear from the marrow of the appellant's case that his arrest was occasioned when he went to represent the Managing Director (MD) of Hepa Global Energy Ltd. (the 2nd accused and owner of the vessel, MT Good Success, the 1st accused, that carried the cargo of 1,459 metric tons of petroleum product) at the office of the Economic and Financial Crimes Commission (EFCC) upon invitation by the latter in connection with investigation into the alleged offences; and that the appell…

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