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