JOSEPH SHAGBAOR IKYEGH, J.C.A. (Delivering the Leading Judgment): The appellant, a foreigner was charged along with others for conspiracy to commit the offences of dealing in 1,733.087 metric tons of petroleum product without lawful or appropriate authority, and dealing with petroleum product without licence within the jurisdiction of the Federal High Court contrary to Section 19(6) of the Miscellaneous Offences Act, M17, Laws of the Federation of Nigeria 2004 (Miscellaneous Offences Act) and punishable under Section 17 thereof; and also that the appellant and the others without lawful authority or licence stored 1,500 metric tons of automated Gas Oil and 3,0135 metric tons of Low Pour Fuel Oil (L.P.F.O.) in the tank of MT Anuket Emerald, a ship or vessel, contrary to Section 4 of the Petroleum Act, Cap. P10 Laws of the Federation of Nigeria 2004 (Petroleum Act).
Upon the refusal of the application by the appellant by the Federal High Court Lagos (the Court below) to quash the charge s…