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(2021) JELR 109407 (CA)

Court of Appeal  •  CA/L/686/2017  •  16 Mar 2021  •  Nigeria

Obande Festus Ogbuinya, JCA Obietonbara O. Daniel-Kalio, JCA Onyekachi Aja Otisi, JCA


ONYEKACHI AJA OTISI, J.C.A. (Delivering the Leading Judgment): This appeal was lodged against the judgment of the High Court of Lagos State delivered on January 25, 2007 Coram R. Oyindamola Olomojobi, J., in favour of the 1st Respondent.

The facts of the case leading to the appeal can be summarized in this manner: The Appellant, in the course of discharging its duties, arrested the 1st Respondent’s vessel MT Sara B.V., along with other vessels, on suspicion of illegal dealing in petroleum products, the vessel not being registered with the Department of Petroleum Resources of the Nigerian National Petroleum Corporation to engage in carrying petroleum products within the territorial Coast-line of Nigeria. MT Sara B.V. was then moved off the berth to the Nigerian Navy Base NNS BEECROFT on 18/9/2003, where the vessel and the entire crew were held to aid the Appellant in its investigation of the alleged crime. Upon concluding its investigation on 14/11/2003, the Appellant released the vesse…

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