Court frees suspect caught with illegally refined kerosene
Port Harcourt -- The Federal High Court sitting in Yenagoa, the Bayelsa State capital, has freed a suspect arraigned by the Nigerian Security and Civil Defence Corps, NSCDC, for allegedly conveying 14 sack bags laden with suspected illegally refined dual purpose kerosene, without license.
NSCDC had charged the suspect, Mr John Araike, to court for allegedly dealing on petroleum products without license, while it had impounded his car and the products (14 bags of kerosene) found with him at the time of his arrest.
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.
Abimbola berated the NSCDC for lack of diligent prosecution and improper investigation, saying that the agency failed to ascertain the volume of kerosene found with the suspect at the time of arrest.
She said although the suspect had admitted to transporting the kerosene without 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 5,000 litres of petroleum product does not require a license from the Ministry of Petroleum.
“Since the issue of quantity of petroleum products is fundamental in the statute 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 5,000 litres".