Court Discharges, Acquits Businessman of Illegal Dealing In Petroleum Product

The court presided over by Justice Sule Hassan, discharged and acquitted the businessman after upholding the no-case-submission filed against the charge by his lawyer, Mr. Babatunde Adeyanju.

The businessman was arraigned before the court by NSCDC through the office of the Attorney-General of the Federation (AGF) sometimes in August, 2018, while the court was on annual vacation.

NSCDC had arraigned the businessman on charges of unlawful dealing in petroleum products, the offences according to the prosecutor, Mrs. Ezeli Rita, are contrary to section 3(6) of miscellaneous offence act, Cap. M17, Laws of the federation of Nigeria, 2004, and punishable under section 1(7) of the same act.

The businessman had pleaded not guilty to the charges and admitted to bail in various terms, following his bail application filed and argued by his lawyer, Mr. Adeyanju.

While the trial of the prosecution had called its witnesses and tendered some exhibits, which were admitted by the court.

Upon the conclusion of the prosecution case, the businessman filed no-case-submission, which was argued by his lawyer, Mr. Adeyanju, wherein he particularly stated that the prosecution has woefully failed to link his client to the crime.

Ruling on the businessman’s no-case-submission, today, Justice Hassan, held that the prosecution has not been able to furnish the court with sufficient evidence linking the businessman to the charge.

Consequently, the judge upheld the businessman’s no-case-submission and discharged and acquitted him of the charge.

Prior to the businessman’s arraignment on August 7, 2018, efforts by the NSCDC to arraigned him was strongly opposed by his lawyer, who told the court had acted contemptuously.

Adeyanju had told the court that the Corps had refused to release the businessman’s truck despite an order of the court made July 12, 2018, for release of the truck.

The lawyer, Adeyanju, had informed Justice Hassan that NSCDC failed to obey an order made by Justice Hadiza Rabiu-Shagari, ordering the agency to release his truck to him with immediate effect.

He said: “my lord Justice Rabiu-Shagari, on June 28, while delivering judgment in a fundamental rights enforcement suit filed by my client against NSCDC, ordered the agency to immediately release a Mack truck marked XM 347 AAA, to the businessman.

“This is a flagrant disobedience to order of this honourable court”.

Ruling on the submission, the presiding Justice Hassan said: “I notice that the counsel to the applicant file a suit for release of a Mack truck with registration number X M347 AAA, the prosecution were served with the processes but did not file any counter or oppose the application.

“I see that my learned brother, Justice Shagari on June 28, ordered that the truck be released to the applicant forthwith. This court cannot grant an indulgence to the prosecution.

“The prosecution is in contempt with the order of the court. Therefore, the arraignment of the defendant cannot go on until the order is obeyed. This court shall adjourn for report of compliance, and the defendant should go. Consequently, the matter is adjourned till July 25, for report of compliance”.