ADEDAMOLA OGUNGBAIBI V. FEDERAL REPUBLIC OF NIGERIA

JOSEPH SHAGBAOR IKYEGH, J.C.A. (Delivering the Leading Judgment): The appeal is from the judgment pronounced by the Federal High Court sitting in Lagos (the Court below), whereby it convicted and sentenced the appellant to 10 years in prison on a 5 count charge of conspiracy and dealing with Premium Motor Spirit (PMS) or petroleum product without lawful authority or appropriate licence contrary to Section 4(1) and (6) of the Petroleum Act and Section 1(17)(a) and (b) of the Miscellaneous Offences Act. 2004.

It would appear from the marrow of the appellant's case that his arrest was occasioned when he went to represent the Managing Director (MD) of Hepa Global Energy Ltd. (the 2nd accused and owner of the vessel, MT Good Success, the 1st accused, that carried the cargo of 1,459 metric tons of petroleum product) at the office of the Economic and Financial Crimes Commission (EFCC) upon invitation by the latter in connection with investigation into the alleged offences; and that the appell…