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FEDERAL REPUBLIC OF NIGERIA V. ISMAILA AKANBI ADEMOLA - RESPONDENT & MOJEED MURAINA - CONVICT

(2021) JELR 109555 (CA)

Court of Appeal  •  CA/IB/215/2017  •  13 Sep 2021  •  Nigeria

Coram
Onyekachi Aja Otisi, JCA Ugochukwu Anthony Ogakwu, JCA Folasade Ayodeji Ojo, JCA

Judgement

UGOCHUKWU ANTHONY OGAKWU, J.C.A. (Delivering the Leading Judgment): EXORDIUM The Respondent in this appeal, Ismaila Akanbi Ademola, is the owner of an IVECO Truck with registration number LAGOS XZ 375 FST. He bought the said truck for the purpose of transporting petroleum products. However, he did not drive the truck himself. The truck was driven by Mojeed Muraina, the convict, who was convicted by the Federal High Court, Ibadan Division upon his plea of guilty to offences of conspiracy, tampering with NNPC pipeline, unlawfully dealing with petroleum products, stealing petroleum products and vandalising NNPC pipeline.

​The Respondent's case is that he had instructed the driver of his said IVECO truck to proceed to Lagos for the purpose of lifting petroleum product for a customer from the IBACEM Depot at Coconut, West Minster Side Lagos. The driver failed to show up as instructed, only to later inform the Respondent that he was attacked by armed robbers. In consequence, the Respondent l…

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