The Federal
High Court in Calabar, Cross River State, on Tuesday sentenced two petroleum
dealers to 20 years’ imprisonment without an option of fine for stealing
Automotive Gas Oil, otherwise known as diesel, using forged documents.
The
convicts, Tony Ochonogor and Efe Alex, broke down in tears and wept openly in
the dock in disbelief after the judgment was passed.
According to
the prosecution, the convicts were arrested in Amassoma, Bayelsa State on March
20, 2013 by the Joint Task Force with 33, 000 litres of AGO with documents
purported to have been issued by the Nigerian National Petroleum Corporation,
Pipeline and Product Marketing Company and Conoil.
Delivering
judgment in the case on Tuesday, the presiding judge, Justice Inyang Ekwo, said
the prosecution team proved the four counts pressed against the convicts beyond
reasonable doubts.
The judge
said he found out from the evidence before the court that the interaction
between Ochonogor and Alex, resulting in the transaction, amounted to
conspiracy.
Justice Ekwo
said, “From the evidence before the court, the convicts did not have
appropriate authority to lift the petroleum product. There was no disparity
between the arguments of the prosecution counsel and the defence counsel and
the evidence was not contradicted by the confessional statements of the
defendants.
“From the
evidence before the court, the metre ticket and the waybill as well as
invoice/PIN with N.7576, purported to have been issued by Conoil Plc in respect
of a tanker with Registration Number, Delta XD 459 WWR, conveying the AGO were
forged.”
Before
proceeding to pronounce his sentence on the accused persons, Justice Ekwo said
that mere denial did not suffice as defence in criminal trial.
He added, “I
will not agree with the defence to discharge the accused persons.”
Justice Ekwo
sentenced the convicts to five years’ imprisonment on each on the four counts
pressed against them, holding, however, that the prison terms would run
concurrently.
The court
also ordered that the 33,000 litres of petroleum product and the tanker
recovered from the convicts should be forfeited to the Federal Government.
The defence
counsel, Mr. N.A. Ibiloye, had, before the sentence pleaded with the judge to
temper justice with mercy, urging the judge not to pass maximum sentence
because his clients were first-time offenders.
He said
Ochonogor, the first convict, was a pastor, married with children, adding that
if he was put behind bars, he would not be able to take care of his family and
his church would scatter.
The defence
counsel said the second convict, Alex, was a family man whose wife had just
died and left behind a little child for him to take care of.
Punch
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