CASE TITLE: AJAYI v. FRN (2026) LPELR-84525(SC)
JUDGMENT DATE: 19TH JUNE, 2026
PRACTICE AREA: CRIMINAL LAW AND PROCEDURE
LEAD JUDGMENT: JUMMAI HANNATU SANKEY, J.S.C.
SUMMARY OF JUDGMENT:
INTRODUCTION:
This appeal borders on the offence of dealing with petroleum products without license.
FACTS:
This appeal is against the judgment of the Court of Appeal, Lagos Judicial Division, delivered on January 11, 2018, which affirmed the decision of the Federal High Court, Lagos Division.
The Appellant, the 5th accused person at the trial and Managing Director of the 3rd accused, was prosecuted following the arrest of the company’s vessel, M.V. Long Island, by the Nigerian Navy on 2 December 2014 on suspicion of illegal dealings in petroleum products. The vessel, which had been leased to the 2nd accused under a Charter Party Agreement, was subsequently handed over to the Economic and Financial Crimes Commission (EFCC) for investigation.
At the conclusion of investigations, the EFCC arraigned the Appellant and twenty-two others on a three-count charge bordering on conspiracy to deal in petroleum products without license, unlawful dealing in two hundred metric tons of petroleum products, and unlawful storage of the said products. After trial, the learned trial Judge found all the accused persons guilty on the three counts. The Appellant, together with the 4th and 6th-23rd accused persons, was sentenced to two years’ imprisonment on each count, to run concurrently, with an option of a fine of ₦200,000 on each count. The vessel and its cargo were ordered forfeited to the Federal Government, while the 2nd and 3rd accused companies were each fined ₦200,000 on each of the three counts.
Aggrieved by this decision, the Appellant filed this appeal.
ISSUES FOR DETERMINATION:
The Court determined the appeal on the sole issue of:
“Whether or not the Court below was right to sustain the conviction and sentence of the appellant by the trial Court?”
DECISION/HELD:
The appeal was dismissed.
RATIOS:
- CRIMINAL LAW AND PROCEDURE- OFFENCE OF CONSPIRACY: How to establish/prove the offence of conspiracy
- CRIMINAL LAW AND PROCEDURE- OFFENCE OF DEALING WITH PETROLEUM PRODUCTS WITHOUT LICENSE: Statutory provisions as regards the offence of dealing with petroleum products without license and the punishment for same
- CRIMINAL LAW AND PROCEDURE- OFFENCE OF DEALING WITH PETROLEUM PRODUCTS WITHOUT LICENSE: Ingredients of the offence of importing, storing, selling or distributing petroleum products without license
- EVIDENCE- INFERENCE: Whether a Court can draw inference from oral or documentary evidence before it
- EVIDENCE- DOCUMENTARY EVIDENCE: Whether documentary evidence speaks for itself
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