WOLE AJAYI v. FEDERAL REPUBLIC OF NIGERIA

CORAM

PARTIES

WOLE AJAYI

APPELLANTS

FEDERAL REPUBLIC OF NIGERIA

RESPONDENTS

AREA(S) OF LAW

CRIMINAL LAW, STATUTE, WORDS AND PHRASES

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) which agreement was executed by the Appellant, the Managing Director of the 3rd accused person. 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 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 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 was 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

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 4th accused/Appellant

RATIONES DECIDENDI

OFFENCES COMMITTED BY A BODY CORPORATE- PROVISIONS OF THE MISCELLANEOUS OFFENCES ACT ON WHERE AN OFFENCE IS COMMITTED BY A BODY CORPORATE IN CONNIVANCE OF AN OFFICER OF SUCH BODY CORPORATE

“”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.” – Per NIMPAR, J.C.A.