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FRANK OPOKU ANIM & ORS v. FEDERAL REPUBLIC OF NIGERIA

(2014) JELR 36576 (CA)

Court of Appeal  •  CA/B/167C/2011  •  25 Jun 2014  •  Nigeria

Coram
IBRAHIM MOHAMMED MUSA SAULAWA JCA; HAMMA AKAWU BARKA JCA; UGOCHUKWU ANTHONY OGAKWU JCA;

Judgement

IBRAHIM MOHAMMED MUSA SAULAWA, JCA (Delivering the leading judgment): The present appeal is consequent upon the Judgment of the Federal High Court, holden at Benin Judicial Division, Edo State, which was delivered on April 30, 2010 in Charge No. FHC/B/29C/2009. By the Judgment in question, the lower court, Coram M. B. Idris, J; convicted the Appellants upon two count-charge of conspiracy and oil bunkering, contrary to Sections 3 (6) and 1(17)(a) and punishable under Section 1(17) of the Miscellaneous Offences Act, CAP. M17 Laws of the Federation of Nigeria 2007. Not unexpectedly, the Appellants were dissatisfied with the said Judgment, thus filed the notice of appeal thereof on 16/1/10 in the court below.

BACKGROUND FACTS

On 24/02/09, the Appellants were arraigned before the court below upon a two count-charge viz:

CHARGE

That you Frank Opoku Anim (m), Ernest Anim (m), Wellington Adoba (m), Kwesi Eminsang (m), Seth Kpodisime (m), Abraham Yao Ahiador (m) being crew members of a vessel …

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