A Federal High Court on Wednesday freed a suspect arraigned by the Bayelsa Command of Nigerian Security and Civil Defense Corps (NSCDC) for dealing in petroleum products without license.
Presiding Judge, Justice Awogboro Abimbola ordered that the 14 sack bags filled with suspected illegally refined kerosene and the Mazda car used in conveying the products be released to the suspect, Mr John Araike.
Delivering the judgment, Abimbola chided the NSCDC for lack of diligent prosecution and improper investigation as it failed to ascertain the volume of kerosene found with the suspect at the time of arrest.
She said that although the suspect had admitted to transporting the kerosene without a license the prosecution made no effort to verify the quantity of the exhibit.
According to the judge, The Petroleum Act under which the suspect was charged explicitly said that transportation, storage of less than 500 litres of petroleum product does not require a license from the Minister of Petroleum.
“Since the issue of quantity of petroleum products is fundamental is the statue books, there is doubt as to the quantity of products, the suspect was arrested with.
“The NSCDC has failed woefully in its investigation and prosecution of proving beyond reasonable doubt, the rule is that where doubt exists, it should be resolved in the favour of the suspect.
“The investigation was unprofessional.
“I therefore resolve the doubt in the favour of the suspect, the prosecution cannot expect the court to go on a voyage of discovery to ascertain if the volume is above or less than 500 litres.
“Although there is evidence that the suspect had no license, I cannot convict him where there is doubt which the prosecution failed to clear.
“I therefore rule that he be set free and the products and vehicle impounded be released to him if no appeal is entered to this judgment,” Abimbola said.
No comments:
Post a Comment