BELIYA A. A. ABEGUNDE V. FEDERAL REPUBLIC OF NIGERIA

JOSEPH SHAGBAOR IKYEGH, J.C.A. (Delivering the Leading Judgment): The appeal is against the decision of the Federal High Court sitting in Lagos (the Court below) whereby it convicted and sentenced the appellant to a term of 3 years imprisonment for stealing 33,000 litres of petroleum product (Premium Motor Spirit (PMS) and 6 years imprisonment for dealing in petroleum product (PMS) without licence contrary to Section 390 of the Criminal Code Cap 38 Laws of the Federation of Nigeria, 2004 and Section 7(b) of the Miscellaneous (Offences) Act, Cap M17, Laws of the Federation of Nigeria, respectively.

The evidence tendered by the respondent, albeit in sketch, was that the appellant received petroleum product (PMS) that was stolen from vandalised NNPC pipelines. The appellant, on the other hand, maintained that he did not steal, nor dealt in vandalised petroleum product (PMS).

The Court below accepted the evidence for the respondent and convicted and sentenced the appellant under count III f…