FEDERAL REPUBLIC OF NIGERIA V. IKECHUKWU EMELOGU & ORS

CHIOMA EGONDU NWOSU-IHEME, J.C.A. (Delivering the Leading Judgment): The Respondents in this criminal appeal were arraigned before the Federal High Court Uyo Judicial Division presided over by I. L. Ojukwu, J., on an information of a two count charge of conspiracy in dealing with petroleum product without lawful authority and appropriate licence contrary to Section 3(6) of the Miscellaneous Act Cap M17, Laws of the Federal Republic of Nigeria, 2004 and dealing with petroleum product without lawful authority and appropriate licence contrary to Section 1(17)(a) of the Miscellaneous Act Cap M17 Laws of the Federal Republic of Nigeria, 2004.

The prosecutions case as presented at the trial Court was that the Nigerian Army arrested the Respondents on the 2/3/17 with 30 drums of AGO, and handed them over to operatives of the Nigeria Security and Civil Defence Corps through the PW1. A handing over letter to that effect was tendered by the prosecution. From the handing over letter, it was clear…