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MOHAMMED ABUBAKAR & ANOR V. ATTORNEY GENERAL OF THE FEDERATION

(2017) JELR 38214 (CA)

Court of Appeal  •  CA/IL/C.13/2016  •  2 Mar 2017  •  Nigeria

Coram
MOJEED ADEKUNLE OWOADE JCA; CHIDI NWAOMA UWA JCA; HAMMA AKAWU BARKA JCA;

Judgement

MOJEED ADEKUNLE OWOADE, J.C.A. (Delivering the Leading Judgment): This is an Appeal against the Judgment of the Ilorin Division of the Federal High Court delivered by Hon. Justice A. O. Faji on the 11th day of December, 2015.

The Appellants were jointly charged on 21-5-2015 on two counts. The first count was to import One Thousand, Seven Hundred and Forty (1,740) litres of PMS to Tsaragi without licence or authority to do so and with the intent to distribute or sell of same under the inherent jurisdiction of this Honourable Court thereby committed an offence under the S.4(1) and punishable under S. 4(2)(b) of the Petroleum Act Cap. 10 Laws of the Federation 2004.

The second count was that with the aid of one Sambo, male, adult of Kanbi Area, Kwara State now at large illegally without lawful authority or an appropriate licence deal with petroleum products by loading One Thousand, Seven Hundred and Forty (1,740) litres in six (6) drums and eight (8) jerry cans in white Toyota Lite Ace wit…

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