<p>STEPHEN JONAH ADAH, J.C.A. (Delivering the Leading Judgment): This is an appeal against the decision of the Federal High Court, Calabar Division in Charge No. FHC/YNG/82C/2014 delivered on the 30th day of June, 2016 by I. E. EKWO, J.</p><p>Before the Lower Court the seven (7) Respondents in this appeal were charged along with eleven (11) others for the offence under the Miscellaneous Offences Act Cap. M17 of the Revised Edition (LFN) 2007 and under the Nigerian Ports Authority Act Cap N126 of the Revised Edition (LFN) 2007. By the amended charge the Respondents along with others were charged with four (4) counts expressed as follows:</p><p>AMENDED CHARGE</p><p>COUNT 1</p><p>That you ROBERT GAK PETOR being the Master of MT MARO, WILFRED FIANU, RAPHEAL AGIDI SONI KUMAR, PRADEEP KUMAR SHARMA, MANOJ KUMAR, AJAY KUMAR, JOSEPH CHAND TADAN, PURAN CHAND TADAN, HEERAY TODAN, PARVEEN, ANKIT RANA, HANSON JACOB, JOYFULL RONGME, MUHAMMED TOW ALAM, QUARSHE KOFI ERIC, being crew members of MT MARO on the 22nd July, 2014 in Agb…</p>