Lukman Olabiyi
Justice Rilwan Aikawa of the Federal High Court, Lagos, has convicted an oil thief, Abednego Ogede, in absentia, for unlawful possession of 145,000 metric tons of Automated Gasoline Oil (AGO), popularly called diesel.
The judge also ordered that a vessel, MV Shirley, used in carrying out the unlawful and illegal act, be forfeited to the Nigerian National Petroleum Company (NNPC) and that a company, Sagwe International Limited, owned by the runaway convict, pay the sum of N100 million to the Federal Government.
Aikawa gave the orders while delivering judgment in a criminal charge filed against the vessel, the company and the convict, Ogede, by the Economic and Financial Crimes Commission (EFCC)
EFCC had arraigned the vessel, MV Shirley, Sagwe International Limited and the convict, Ogede, before the court sometime in 2017, on a four- count charge of conspiracy and unlawful and illegal dealing in 450, 000 metric tonnes of petroleum product.
The EFCC through its prosecutor, Rotimi Oyedepo, had told the court that the trio committed the offences on April 19, 2017, in Lagos.
Oyedepo told the court that the offence committed by the convict contravened Sections 19(6) of the Miscellaneous Offences Act, Cap M17, Laws of the Federation of Nigeria 2004 and punishable under Section 17 of the same Act.
During the pendency of the charge, the prosecution had called two witnesses, an operative of the agency and an official of Department of Petroleum Resources (DPR), who gave their evidence on how the convict was arrested, as well tendered documentary evidence, which were admitted by the court.
Delivering judgment on the charge, Aikawa held that “the prosecution has discharged the burden of proof the charge against the defendants through the testimonies of its two witnesses.
“It is obvious that they defendants were not licenced to deal in petroleum product. It’s my view that the prosecution proved its case in all charges beyond all doubt. I, therefore, find the first, second and third defendants guilty of count one, count two, count three and count four. This is my judgment”.
Following the judge’s guilty pronouncement on all the defendants, Oyedepo urged the court to order forfeiture of the vessel and its content to the Federal Government as empowered by the laws of the federation.
He also urged the court to impose fine on Sagwe International Limited, this he said, will serve as deterrent to other corporate bodies in such act not at upstream or downstream sectors. He also asked the court to make an order directing all security agencies in the country to work together to endure the production of the third convict, Abednego Ogede, before the court for the purpose of sentencing him.
Lawyer to the convict, Anabarani Joseph, did not oppose the prosecutor’s demand.
Consequently, Aikawa ordered the forfeiture of the vessel and its content to the Federal Government. He ordered that Sagwe International Limited paid N100 million forthwith to the Federal Government.
The judge also ordered all security agencies in Nigeria to work together and arrest the third convict, Abednego Ogede anywhere he may be found and bring him before the court for sentence accordingly.
Prior to the court judgment on the charge, Aikawa had ordered the arrest of Abednego’s surety to Abdulraham Usman, a director in one of the Lagos State Ministries to pay the bail sum of N10 million to the coffers of the Federal Government within the stipulated period.
Usman was arrested following the disappearance of the third convict, Abednego Ogede, before the conclusion of the charge.
Oyedepo had told the court that the surety was arrested when it became obvious that the third convict had jumped bail.