Justice I. M. Sani of the Federal High Court sitting in Port Harcourt, the Rivers State capital, has sentenced a company, Lakeside Petroleum Retails and Logistic Limited, to one year imprisonment for illegally dealing in petroleum products.
The Economic and Financial Crimes Commission (EFCC) dragged the company before the court for the offence which contravened Section 1 (18) of the Miscellaneous Offences Acts M17 of the Reverse Edition (Laws of Federation of Nigeria) Act 2007, and punishable under the same Act.
The anti-graft agency said investigation revealed that Lakeside Petroleum Retails & Logistic Limited chartered MV NEYA III before her arrest on the 7th of May, 2018. At the point of arrest, MV NEYA IIl had about 52, 540litres of product suspected to be AGO, loaded from an unnamed Metal Barge at Taraba-Jetty, Borokiri, Port Harcourt.
The Vessel was also not registered with the Department of Petroleum Resources (DPR).
One of the two counts brought against the defendant read: “That you, Lakeside Petroleum Retails and Logistics Limited, on or about May 2018, around Onne, Port Harcourt, Rivers State, within the jurisdiction of this Honorable Court deal in Petroleum Product to wit: possessing and transporting poorly refined Automotive Gas Oil (AGO) in a motor tank, M.V. NEYA III without a lawful authority or a valid license and thereby committed an offence contrary to Section 1 (17)(a) of the Miscellaneous Offences Act M17 Laws of Federation of Nigeria (Reverse Edition) 2004, and punishable under Section 1 (17) the same Act.”
The company pleaded guilty to the charge, prompting the prosecution counsel, K.W. Chukwuma-Eneh, to ask the court to convict and sentence the defendant accordingly.
Delivering judgment, Justice Sani sentenced the defendant to one year imprisonment with an option of N7m fine to be paid to the Federal Government through Treasury Single Account.
The court further ordered that the petroleum products in motor tank N.V. NEYA III be sold and proceeds paid into the Treasury Single Account, while the vessel itself is to be released to the owner.
Explaining the logic of the conviction to Newsafresh, a legal practitioner, Bar. Samuel O. Adesola, revealed that a company cannot be sentenced to a term of imprisonment but its alter ego (the directors) can be sentenced as such.
Adesola said, ” The directors will be jailed if the acts (fraud) the company was convicted for was perpetrated by them. This is normal because the offence was sanctioned by them as the company is not a physical being but an artificial creation with a legal body with no hands, no mind of its own, except as controlled by its directors.
”However, only the ones connected with the crime itself will be imprisoned.
”It could also be that such directors donated the powers to some persons to carry. In such an instance, the donees of the powers and the directors (the donors) are liable.