Justice Muslim Hassan of the Federal High Court in Lagos, has sentenced one Ekando Meschack to one year imprisonment for oil theft.
Ekando Meschack was arraigned before the court alongside with his company, Jefi Jets Aviation Ltd formerly known as SWAT Links Ltd and a vessel, MV Lady Sharon on a three counts charge by the Economic and Financial Crimes Commission, EFCC.
The charges borders on conspiracy, dealing in Petroleum Product and storing of Petroleum Product contrary to Section 3(6) & 1(17) of the Miscellaneous Offences Act, Cap M17, Laws of the Federation of Nigeria, 2004 and Petroleum Act, Cap P1O, Laws of the Federation of Nigeria, 2004.
EFCC Counsel, Idris Mohammed told the court that his agency received a notification of arrest of the convict and the vessel, from Nigeria Navy while on a sea patrol within the country territorial conveying 120 metric tons of Automotives Gas Oil, AGO, base on suspicion that the product on board was illegally obtain through bunkering.
Mr. Mohammed explained to the court that investigation was launched and they wrote to the Nigerian Maritime Administration and Safety Agency, NIMASA and Department of Petroleum Resources, DPR to confirm the legality of the vessel and the product’s.
He said that their investigation revealed that the license of the vessel as expires since last year and the permit to deal with petroleum products as also expired.
After the narration, he tendered the statements of the convict, the response letter from NIMASA and DPR which confirms the illegality of the trade as evidence against the convict.
The convict counsel, Peter Atabo did not opposed the admissibility of the documents as exhibit.
During the arraignment, when the convict was confronted with the charges, he pleaded guilty to all the three counts charge.
Upon which the prosecutor told the court that the defendant has entered a plea bargain agreement with the agency and prayed for the admissibility of the information contained in the plea as the judgement in the matter.
He told the court that the plea Bargain Agreement is made pursuant to Section 270 of the Administration of Criminal Justice Act, 2015.
The position which was also confirmed by the convict counsel, Mr. Atabo, while praying for the adoption of the plea bargain application.
In his ruling, Justice Hassan said that base on the plea bargain agreement, couple with the review of fact without objection by the convict counsel, the court convicted Ekando Meschack accordingly.
The judge noted that the term of imprisonment shall run concurrently from January this year been the day of his arrest and detention by the Nigeria Navy.
Other terms adopted as judgement are;
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That MV Lady Sharon and the 120 Metric Tonnes of the Automotives Gas Oil (AGO) stored, found and recovered from the first Defendant being proceeds of unlawful activity shall be forfeited to the Federal Government of Nigeria.
That the MV Lady Sharon and the 120 Metric Tonnes of the Automotive Gas Oil (AGO) shall be disposed off within a reasonable time by the Executive Chairman, Economic and Financial Crimes Commission in collaboration with appropriate Government Agency, NonGovernmental or Private Organisation.
That the proceeds realised from the sale shall be remitted into the Consolidated Revenue Fund of the Federation.
That the 3rd Defendant shall upon his release from the Prison Custody enter into a bond with the Economic and Financial Crimes Commission to be of good behaviour and never to be involved in any economic and financial crimes, illegitimate or criminal act within and outside the shores of the Federal Republic of Nigeria.
