Justice
E.A Obile of the Federal High Court, Calabar, Cross River State on Tuesday,
June 14, 2016 convicted and sentenced Paul
Etim and Okon Edet Okon to 6
years imprisonment each without an option of fine, on a 2-count charge of
illegal dealing in petroleum products preferred against them by the Economic
and Financial Crimes Commission, EFCC.
The
convicts were arrested on 27 November, 2011 by officers of the Nigerian Navy while
operating a dug-out wooden boat loaded with 120 drums of Automotive Gas Oil
(AGO) without an appropriate license. On 18 December, 2011, they were handed to
the EFCC for further investigation.
Upon
their arraignment on the 24 January, 2012, they pleaded not guilty to the
charges. While trial was ongoing, two of the accused persons (Imeh Effiong and
Uduak Okon) were reported ill and died of AIDS at the Oron Hospital, Akwa- Ibom
state. Their death was confirmed by the prosecution.
At
the resumed hearing of the matter on Tuesday, prosecution counsel, U.R Ewoh
told the court that on 9 December 2015, the defense counsel informed him that
four of the accused persons (Uwen Ante, Happier Ita Etim, Edet Okon Usukunya
and Happy Idaoko) had a boat mishap and drowned while traveling back after one
of their trials. He said that he was served with their death certificates
obtained from the National Population Commission and affidavit of facts. He
disclosed that the prosecution is carrying out investigation to ascertain the
claim. However, Ewoh prayed the court that the names of the four accused
persons claimed to be dead be expunged from the charge to enable prosecution
continue with its case.
The
defense counsel, Chuks Alilonu did not oppose the application made by the
prosecution, but informed the court of his clients' decision to change their
plea.
The
charge was read to them and they pleaded guilty.
One
of the count reads, “that you Uwen Ante, Happier Ita Etim, Edet Okon
Usukunya,Imeh Effiong, Happy Idaoko, Paul Etim, Okon Edet Okon, Uduak Okon and
Captain Alumbo(now at large) on or about the 27th day of November 2011 within
the jurisdiction of this Honourable court did conspire among yourselves to
commit felony to wit: illegal dealing in petroleum product and thereby
committed an offence contrary to Section 3 (6) and punishable under section 1
(7) of the Miscellaneous Offences Act CAP M17 of the Revised Edition (Laws of
the Federation of Nigeria) Act 2007”.
The
2nd count reads, “that you, Uwen Ante, Happier Ita Etim, Edet Okon
Usukunya,Imeh Effiong, Happy Idaoko, Paul Etim, Okon Edet Okon, Uduak Okon and
Captain Alumbo (now at large) on or about the 27th day of November 2011 and 2nd
January, 2012 at the Calabar waterways in Calabar within the jurisdiction of
this Honourable court without appropriate license deal in petroleum product to
wit: a wooden boat loaded with 120 drums of petroleum product and thereby
committed an offence contrary to Section 1 (17) (a) and punishable under
section 1 (17) of the Miscellaneous Offences Act CAP M17 of the Revised Edition
(Laws of the Federation of Nigeria) Act 2007”.
Based
on their plea, Justice Obile found them guilty and sentenced them to six years
imprisonment each without an option of fine. The sentence takes effect from
their day of arraignment: 24 January, 2012. The judge also ordered that the
wooden boat recovered from the convicts be released to the Nigerian Navy for
destruction.
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