The convicts, on arraignment pleaded not guilty, but upon diligent prosecution by the EFCC, they were found guilty and sentenced. Prosecution counsel, Salisu Majidadi, citing Section 1 (17) (a) (b) of the Miscellaneous Offences Act, CAP M17, Laws of the Federation of Nigeria, 2004, drew the attention of the court to the fact that:
“That you, Olusegun Gbenga, Yusuf Muhammed, Abass Auwal and Olanipekun Olagoke on the 12th day of May, 2014 at Toto Military check point in Nasarawa State, within the jurisdiction of the Federal High Court, did without lawful authority or an appropriate licence, deal in crude oil and you thereby committed an offence contrary to and punishable under Section 1 (17) (a) (b) of the Miscellaneous Offences Act, CAP M17, Laws of the Federation of Nigeria, 2004”.
“The vehicle that was used in conveying the crude oil should automatically be forfeited to the Federal Government.”In view of this argument, Justice Okeke, who had earlier wanted the EFCC to formally apply to the court for the forfeiture of the products, thereafter, ordered the EFCC to evacuate the crude oil and return same to the NNPC, while the truck be forfeited to the Federal Government. The sentences are to run concurrently.
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