Daily Independent (Lagos)
Joe Nwanwko
22 October 2008
Abuja — A Federal High Court sitting in Abuja on Tuesday convicted a private firm, Western Atlas International Limited, over illegal movement and dumping of toxic waste in the country.
It has ordered the company to pay a N1.5 million fine into the coffers of the Federal Government within 30 days.
The court also discharged and acquitted Shell Petroleum Development Company (SPDC), which was charged along with Western Atlas International Limited.
Justice G. O. Kolawole issued the order after convicting the international firm on a four-count charge of flagrant violation of Nuclear Safety and Radiation laws with regard to the 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 charge.
Although Western Atlas also pleaded guilty to count four that carries a seven-year jail term without an option of fine, the court said it was impossible to send a corporate entity to prison.
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, he said the proper thing for the judge to do was to use his discretion.
He said in this regards, he said he would also award a fine of N250,000 against the convicted corporate person for pleading guilty to count four.
But four of the convict's officials 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.
They include Taiwo Akinokun, Samuel Ndahbros, Azuka Onianwa and Blessing Nwaogu.
The court also discharged and acquitted, the SPDC and all its five officials charged by the Federal Government.
The Shell officials include Basil Ofoise Omiyi, Babatunde Oribido, Maxwell Weeksee, Moses Edaje and Joseph Kintum.
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