Funso Muraina
22 October 2008
Abuja — A Federal high court sitting in Abuja, has ordered Western Atlas International Nigeria Limited, to pay N1.5million within 30 days as fine into the coffers of the Federal Government, for illegal transportation and disposal of toxic waste in the country.
Justice G. O. Kolawole issued the order yesterday, after convicting the defendant on a four-count charge of flagrant violation of Nuclear Safety and Radiation laws with relation to movement of the toxic substance.
The court slammed a N500,000 and another N250,000 fines respectively, against Western Atlas which pleaded guilty to counts one, two and three of the four-count charge.
Although Western Atlas also pleaded guilty to count four, which attracted seven year jail term without an option of fine, the court said it was impossible to send a corporate entity to prison.
Justice Kolawole, however, said where a corporate person had pleaded guilty to an offence attracting jail term without an option of fine as it was in the instant case, the proper thing for the judge to do was to use his discretion.
He, therefore, awarded fine of N250,000 against the convicted corporate person for pleading guilty to count four. But four of the company officials, Taiwo Akinokun, Samuel Ndahbros, Azuka Onianwa and Blessing Nwaogu, who were charged by the Federal Government alongside others, were also discharged and acquitted after accepting liability for the offence against them on behalf of their company.
The court also discharged and acquitted Shell Petroleum Development Company (SPDC) and all its five officials charged by the Federal Government before the same court with similar charge.
The Shell officials include Basil Ofoise Omiyi, Babatunde Oribido, Maxwell Weeksee, Moses Edaje and Joseph Kintum. Nine other accused persons, including corporate entities charged alongside Western Atlas and Shell Petroleum were also yesterday discharged and acquitted.
The nine others include O and X Nigeria Limited, Julius Joram, Wayles International Services, Oyibo Afeyebo, C and E Global Nigeria Limited, Do-Good Philips, Isaac Akpolaro and Efe Aoriadajiwhe.They were discharged following withdrawal of the charge against them.
The withdrawal of 22 counts of the 26-point charge preferred against all the accused persons and the judgment entered in the matter yesterday were outcomes of a plea bargain entered into by the convicts.
It would be recalled that the Federal Government had dragged SPDC and 20 others before the Abuja division of the Federal High Court, for allegedly violating Nuclear Safety and Radiation laws.
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