FEDERAL REPUBLIC OF NIGERIA V. ABUH DANIEL

JOSEPH E. EKANEM, J.C.A. (Delivering the Leading Judgment): The appellant charged the respondent before the Federal High Court, Lokoja Judicial Division ("the trial court" for short) as follows:

"That you ... On 19/3/2013 at about 10:00am at Ganaja Village in Lokoja Local Government Area of Kogi State without lawful authority or an appropriate license loaded one Big storex plastic tank containing some quantity of petroleum product suspected to be crude oil and one plastic bucket with some quantity of petroleum suspected to be crude oil inside your pick-up van QINQI with registration number KPA-77XA with intents to import, sell and distribute or otherwise and thereby committed an offence contrary to and punishable under Sections 17(a) and (b) Miscellaneous Offences Act, CAP M17 LFN 2004".

The charge was signed by "T. E. OTEME ESQ O/C Legal and prosecutions the Nigerian Police State CID, Lokoja".

On the 10/6/2013, the trial court suo motu raised an issue as to whether the Police have th…