By Onyewuchi Ojinnaka
Senior Correspondent
The Court of Appeal Lagos division Tuesday dismissed an appeal filed by 14 foreign nationals challenging their conviction and sentences in the judgement delivered by Justice Ibrahim Buba of a Federal High Court, Lagos on June 10, 2017. They were found guilty for dealing in petroleum products in Nigeria without lawful authority.
In his lead judgement, the appellate court judge, Justice Garba Haruna, while dismissing the appeal filed by the convicts through their counsel, Babajide Koku (SAN) in appeal number CA/L/909C/2016 to CA/L/909CO/2016 also ordered forfeiture of the vessel, MT Anuket Emerald, loaded with crude oil estimated at 1,738.087 metric tons.
In addition, the appellate court affirmed the judgement of the lower court which ordered the forfeiture of 1,500 metric tons of Automated Gas Oil as well as 3,035 metric tons of Low Pour Fuel Oil to Federal Government of Nigeria.
The convicts/appellants were arraigned alongside their vessel; MT Anuket Emerald, and two companies – Monjasa DMCC and Glencore Energy UK Limited.
Their names as contained on the charge sheet are Artur Pakhladzhian, Sergo Abbgarian, Vasily Shkundich, Vitaliy Bilours, Hlarion Regipor, Laguta Oleksiy and Cadavis Gerarado.
Others are Kretov Andry, Badurian Benjamin, Chepikov Olksan, Naranjo Antero, Patro Christian, Alcayde Joel and Caratiquit Beyan.
They were identified as citizens of Russia, Ukraine, Philippines and Japan.
In his submission at the appeal court,Economic and Financial Crimes Commission (EFCC) counsel/prosecutor, Mr Rotimi Oyedepo, had told the court that the men were handed over to the EFCC by the Nigerian Navy which on March 27, 2015 intercepted them with their vessel, MT Anuket Emerald, loaded with crude oil estimated at 1,738.087 metric tons.
The foreigners were also said to have been found in unlawful possession of 1,500 metric tons of Automated Gas Oil as well as 3,035 metric tons of Low Pour Fuel Oil.
To prove the allegations against the convicts, Oyedepo called seven witnesses, while the defence counsel, Babajide Koku (SAN), called three witnesses.
It would be recalled that Justice Buba had found them guilty of dealing in 1,738.087 metric tons of petroleum product without lawful authority or licence as alleged by the Economic and Financial Crimes Commission (EFCC).
In the judgment he delivered, Buba held that he was satisfied that the prosecution had proved its case against the defendants beyond reasonable doubts.
He consequently convicted and sentenced 11 out of the 14 the foreigners to two years imprisonment each with an option to a pay a fine of N5 million each on the five counts levelled against them.
The judge ordered that the sentence would run from last year March when they were apprehended by the Nigerian Navy and handed over to the EFCC.
Three of the foreigners (Russians) who had jumped bail and absconded, were sentenced to five years imprisonment without an option of fine.
The judge convicted and sentenced them in absentia and issued a warrant for their arrest, emphasising that their jail term would commence on whatever day they would be re-arrested.
The judge also ordered the forfeiture of the petroleum products and their vessel to the Federal Government.
He ordered the two companies convicted alongside the foreigners to pay a 5 million Naira fine on each of the five counts levelled against them.
The EFCC had on June 10, 2015 arraigned the 14 convicts on four counts before Justice Buba.
The charge was later amended and the counts increased to five.