The
Federal High Court sitting in Calabar, the Cross River State capital on
Tuesday, sentenced two illegal petroleum dealers to 20 years
imprisonment without an option of fine.
Efe Alex and Tony Ochonogor
Two petroleum dealers identified as Tony Ochonogor and Efe Alex,
reportedly broke down in tears and wept openly in the dock in disbelief
after a Federal High Court in Calabar, Cross River State, on Tuesday,
sentenced them to 20 years’ imprisonment.
Punch Metro reports that the convicts were sentenced without an
option of fine for stealing Automotive Gas Oil, otherwise known as
diesel, using forged documents.
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.
While 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.”
It was gathered that 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.
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