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FEDERAL REPUBLIC OF NIGERIA v. OGUNYOMI SEUN SAMUEL

(2017) JELR 37412 (CA)

Court of Appeal  •  CA/IB/12C/2017  •  31 Oct 2017  •  Nigeria

Coram
MODUPE FASANMI JCA; CHINWE EUGENIA IYIZOBA JCA; HARUNA SIMON TSAMMANI JCA;

Judgement

HARUNA SIMON TSAMMANI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the Federal High Court, Ibadan Division delivered on the 6th day of December, 2016 by N. Ayo-Emmanuel, J; in Charge No: FHC/IB/95C/2013.

Before the trial Court, the Respondent was arraigned for having committed the offences of unlawful dealing in petroleum products; and adulterating petroleum products punishable under Sections 1(17)(a) and (b) and 18(a)(i) and (ii) of the Miscellaneous Offences Act, Cap.M17, Laws of the Federation of Nigeria, 2004. At the trial, the prosecution called three (3) witnesses and tendered eight (8) Exhibits which were admitted in evidence and marked as Exhibits A G respectively. The Respondent testified in his defence and called two other witnesses. He also tendered three Exhibits which were admitted and marked as Exhibits D1 D3 respectively.

The prosecutions case against the Respondent is that, a truck driver was arrested in Ogbomosho by anti-vandal te…

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