GFL MARINE SERVICES LIMITED v. FEDERAL REPUBLIC OF NIGERIA

CORAM

UZO I. NDUKWE – ANYANWU JUSTICE COURT OF APPEAL

YARGATA BYENCHIT NIMPAR JUSTICE, COURT OF APPEAL.

UZO I. NDUKWE – ANYANWU JUSTICE COURT OF APPEAL

YARGATA BYENCHIT NIMPAR JUSTICE, COURT OF APPEAL.

PARTIES

GFL MARINE SERVICES LTD APPELLANTS

FEDERAL REPUBLIC OF NIGERIA RESPONDENTS

AREA(S) OF LAW

SUMMARY OF FACTS

The 1st Accused person is a vessel owned by the Appellant, GFL Marine Services Ltd., a logistics supply Company. The Appellant entered into a charter party agreement with the 2nd accused (Afa Global Impex Services Ltd., a shipping Company). The Appellant 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 the Appellant and others 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 accused person and Appellant 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 has 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

Appeal Dismissed

ISSUES

Whether the Respondent proved the offences as charged in counts 1, 2 and 3 of the charge beyond reasonable doubt against the 1st Accused/Appellant. Whether the order for the forfeiture of the 1st Accused/Appellant (MV Long Island) to the Federal Government was properly made.

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)”