Appeal Court Upholds Convictions Of Businessmen Over Oil Bunkering
The Lagos Division of the Court of Appeal on Thursday upheld the convictions of two businessmen, Ala Atubokiki and Wole Ajayi, who were jailed by the Federal High Court over allegations of illegal oil bunkering.
The appellate court dismissed four appeals filed in May 2016 by Atubokiki, Ajayi, a firm, GFL Marine Services and a vessel, MV Long Island, for lack of merit.
Justice Ibrahim Buba had convicted Atubokiki and Ajayi on a three-count charge of dealing in petroleum product without lawful authority or appropriate licence and unlawful storing of approximately 200 metric tons of petroleum product contrary to the provisions of Miscellaneous Offences Act and the Petroleum Act.
The judge had also sentenced them to two years imprisonment on each count, starting from December 2, 2014, when the convicts were arrested with an option of N200, 000 fine for each count.
The convicts were also ordered to forfeit all seized vessels, cargoes and properties to the Federal Republic of Nigeria, while the jail terms ran concurrently.
However, dissatisfied with the verdict, the convicts had filed an appeal to upturn it, arguing that Justice Buba erred in law when he convicted them of conspiracy to deal with, or in petroleum products without licence.
But the upper court in its judgment held affirmed the two-year jail term on each count or option of fine imposed on Atubokiki and Ajayi by Justice Ibrahim Buba on April 26, 2016.
The appellate court also affirmed the forfeiture of MV Long Island to the Federal Government.
The three-man panel, led by Justice Yakubu Nimpar, declined to award costs in favour of the respondent, the Economic and Financial Crimes Commission (EFCC).
The EFCC was represented by its counsel, Mr. Rotimi Oyedepo, who prosecuted the matter at the lower court.
Justice Nimpar, in the lead judgment, which was agreed to by the two other members of the panel, held, “This appeal is dismissed for lacking in merit. The judgment of the trial court is affirmed. I make no order as to costs.”
