MT ANUKET EMERALD V. FEDERAL REPUBLIC OF NIGERIA

JOSEPH SHAGBAOR IKYEGH, J.C.A. (Delivering the Leading Judgment): The appellant, a foreign vessel or ship, was charged along with 16 other accused persons for conspiracy to commit the offences of dealing in 1,733.087 metric tons of petroleum products without lawful authority or appropriate authority and dealing with petroleum product without licence in Lagos within the jurisdiction of the Federal High Court contrary to Section 19(6) of the Miscellaneous Offences Act, M17, Laws of the Federation of Nigeria, 2004 (Miscellaneous Offences Act) and punishable under Section 17 thereof; also, that the appellant and the others without lawful authority or appropriate licence stored 1,500 metric tons of automated Gas Oil and 3,035 metric tons of Low Pour Fuel Oil (L.P.F.O.) in the appellant's cargo tank contrary to Section 4 of the Petroleum Act, Cap. P10, Laws of the Federation of Nigeria 2004 (Petroleum Act).

It was due to the refusal of the application by the appellant by the Federal High Cou…