M.V. LONG ISLAND v. FEDERAL REPUBLIC OF NIGERIA
April 13, 2025GFL MARINE SERVICES LIMITED v. FEDERAL REPUBLIC OF NIGERIA
April 13, 2025Legalpedia Citation: (2018) Legalpedia (IST) 50101
In the Investments and Securities Tribunal
Thu Jan 11, 2018
Suit Number: CA/L/1045CA/2016
CORAM
PARTIES
ALA ATUBOKIKI IBANIBO APPELLANTS
FEDERAL REPUBLIC OF NIGERIA RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The 1st Accused person is a vessel owned by the 3rd accused, GFL Marine Services Ltd., a logistics supply Company. The 3rd accused entered into a charter party agreement with the 2nd accused (Afa Global Impex Services Ltd., a shipping Company). The 4th Accused person/Appellant who was the Group Managing Director of the 3rd accused person and 22 others were arrested by the Nigerian Navy for dealing in petroleum products without licence contrary to Section 19(6) of the Miscellaneous Offences Act, Cap M17 Laws of the Federation of Nigeria 2004. They were handed over to EFCC which investigated the matter and subsequently arraigned them before the Federal High Court, Lagos Division, on a 3 count charge for conspiracy, dealing in petroleum products without lawful authority or appropriate license and storing approximately 200 metric tons of petroleum products without lawful authority or appropriate license. They pleaded not guilty to counts and upon the completion of trial, the court found them guilty and sentenced the 4th -22nd accused persons to 2 years imprisonment with an option of fine of N200,000.00 on each count while the 1st accused person(the vessel) and its cargo were forfeited to the Federal Government. The 2nd and 3rd accused persons were sentenced to pay a fine of N200, 000.00 each on Counts 1, 11 and 111. Aggrieved by the trial court’s decision, the Appellant filed this appeal before this court. The court however resolved this appeal in the same terms set out in the judgement in appeal CA/L/1045C/2016 which is a sister appeal.
HELD
held
ISSUES
Whether the Respondent proved the offences as charged in Counts 1, 2 and 3 of the charge beyond reasonable doubt against the 4th accused/Appellant
RATIONES DECIDENDI
CRIMINAL LIABILITY – LIABILITY OF A BODY CORPORATE AND ITS OFFICERS UNDER SECTION 3 (1) OF THE MISCELLANEOUS OFFENCES ACT
“In addition, I refer parties to the decision of my learned brother IKYEGH, J.C.A in Adedamola Ogungbaibi Vs Federal Republic of Nigeria (Unreported Suit No. CA/L/147CB/2015) delivered on the 14th day of July, 2017 with similar facts as in this case. My Lord amongst other things held thus: “Section 3 (1) of the Miscellaneous Offences Act is for convenience copied below- ‘Where an offence under this Act which has been committed by a body corporate is proved to have been committed with the connivance of or to be attributable to any neglect on the part of a director, or manager, secretary or other similar officer of the body corporate or any person purporting to act in any such capacity, he, as well as the body corporate where practicable, shall be deemed to be guilty of that offence, and shall be liable to be proceeded against and punished accordingly.’
CONNIVE’ AND ‘CONSPIRACY’ – MEANING OF ‘CONNIVE’ AND ‘CONSPIRACY
“The phrase ‘connive’ and ‘conspiracy’ are one side of the same coin and entail working together with somebody or others to do something wrong or illegal (Oxford Advanced Learner’s Dictionary, 7th Edition 305)”.
CASES CITED
STATUTES REFERRED TO
Miscellaneous Offences Act Cap M17 Laws of the Federation of Nigeria 2004Petroleum Act, Cap P10, Laws of the Federation of Nigeria 2004
