Frank Opoku Anim & Ors V. Federal Republic Of Nigeria (2014)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

IBRAHIM MOHAMMED MUSA SAULAWA, J.C.A.(Delivering The Leading Judgment)

The present appeal is consequent upon the Judgment of the Federal High Court, holden at Benin Judicial Division, Edo State, which was delivered on April 30, 2010 in Charge No. FHC/B/29C/2009. By the Judgment in question, the lower court, Coram M. B. Idris, J; convicted the Appellants upon two count-charge of conspiracy and oil bunkering, contrary to Sections 3 (6) and 1(17)(a) and punishable under Section 1(17) of the Miscellaneous Offences Act, CAP. M17 Laws of the Federation of Nigeria 2007. Not unexpectedly, the Appellants were dissatisfied with the said Judgment, thus filed the notice of appeal thereof on 16/1/10 in the court below.

BACKGROUND FACTS

On 24/02/09, the Appellants were arraigned before the court below upon a two count-charge viz:

CHARGE

That you Frank Opoku Anim (m), Ernest Anim (m), Wellington Adoba (m), Kwesi Eminsang (m), Seth Kpodisime (m), Abraham Yao Ahiador (m) being crew members of a vessel called MT ATHINA later changed to M. T. Hope and Ochuko Omoreode (m), a Nigerian Pilot and others at large on or about the 28th December 2008 at Chanomi Creek, near Escravos, Delta State within the jurisdiction of this Honourable Court did conspire among yourselves to commit felony to wit Dealing in Petroleum Products and thereby committed an offence contrary to Section 3(6) of the Miscellaneous Offences Act CAP M17 of the Revised Edition (Laws of the Federation of Nigeria) 2007 and punishable under Section 1(17) of the same Act.

COUNT 2

That you Frank Opoku Anim (m), Ernest Anim (m), Wellington Adoba (m), Kwesi Eminsang (m), Seth Kpodisime (m), Abraham Yao Ahiador (m) being crew members of a vessel called MT ATHINA later changed to M. T. Hope and Ochuko Omoreode (m), a Nigerian Pilot and others at large on or about the 28th December 2008 at Chanomi Creek, near Escravos, Delta State within the jurisdiction of this Honourable Court did without authority deal in 4,000 metric tones of petroleum products suspected to be crude oil and bunkered it in a vessel called MT ATHINA later changed to M. T. Hope and thereby committed an offence contrary to Section 1 (17) (a) of the Miscellaneous Offences Act CAP M17 of the Revised Edition (Laws of the Federation of Nigeria) 2007 and punishable under Section 1(17) of the same Act.

As borne out by the record of appeal (pages 105 – 106), the seven Appellants pleaded not guilty to each of the two counts-charge in question. In the course of the trial, seven witnesses testified for the prosecution. On the part thereof, each of the Appellants testified in his own defence, but called no witness. At the end of the trial, the respective learned counsel addressed the lower court, thus resulting in adjourning the case for delivery of Judgment, which was delivered on 30/4/10 to the conclusive effect, thus:

I am of the view that the prosecution had led sufficient circumstantial evidence to prove the offences with which the accused persons are charged. I am satisfied from the evidence led that the accused persons and others at large dealt in 4,000 metric tones of petroleum product without lawful authority contrary to Section 1 (17)(a) of the Miscellaneous Offences Act…

Accordingly, I hold that the Accused Persons are guilty on both counts as charged.

I have listened to counsel to the accused persons and I have considered all that has been urged upon the court. In view of the submissions of counsel, it is hereby ordered that each of the accused persons namely – Frank Opoku Anim, Ernest Anim, Wellignton Adoba, Kwesi Emisang, Seth Kpodisime, Abraham Yaoahiador and Ochuko Omoreode are hereby convicted and sentenced to 8 years imprisonment on each count. The sentences shall begin to run from the date of their arrest and detention on 28th December 2008, and the sentences are to run concurrently. The vessel MT HOPE be and is hereby forfeited to the Federal Government.

Consequent upon the compilation and ultimate transmission of the Record of Appeal to this court, the learned counsel filed their respective briefs of argument. The Appellants’ brief was filed on 07/02/14 by Chief C. O. Ihensekhien. That of the Respondent was filed on 18/3/14 by G. O. Edobor, Esq.

At page 3 of the Appellants’ brief, three issues have been distilled from the five grounds of appeal, viz: