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HEPA GLOBAL ENERGY LIMITED V. FEDERAL REPUBLIC OF NIGERIA

(2017) JELR 37216 (CA)

Court of Appeal  •  CA/L/147CA/2016  •  14 Jul 2017  •  Nigeria

Coram
JOSEPH SHAGBAOR IKYEGH JCA; BIOBELE ABRAHAM GEORGEWILL JCA; JAMILU YAMMAMA TUKUR JCA;

Judgement

JOSEPH S. IKYEGH, JCA (DELIVERING THE LEADING JUDGMENT): The appeal is against the judgment of the Federal High Court sitting in Lagos (the Court below), by which it convicted the appellant and ordered her to forfeit the vessel, MT Good Success, and some sums of money to the Federal Government for conspiracy to store and deal with petroleum product, storing and dealing with petroleum product and importing petroleum product contrary to Section 4 of the Petroleum Act and Section 1(17)(a) and (b) of the Miscellaneous Offences Act.

Shortly expressed the appellant was at all material times the owner of MT Good Success, a vessel. The appellant alleged she gave the vessel on charter to Benin Petroleum S.A. Cotonou, Benin Republic: The charterer caused the vessel to be laden with 1,459 metric tons of Premium Motor Spirits (PMS) offshore Lome. While on voyage, the MT Good Success developed engine fault and caused her to drift along with the high wind. The vessel eventually drifted within the sh…

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