Edo High Court Quashes DHL Manager’s Conviction, Rules No Personal Liability for Missing Parcel
The Edo State High Court sitting in Benin has discharged and acquitted Mr. Nuhu Omokide, the manager of DHL’s Benin branch, of criminal liability in connection with a disputed parcel allegedly sent from Benin City to the United Kingdom but not received by the addressee.
Delivering judgment in appeal No. B/10CA/2025, Nuhu Omokide v. Commissioner of Police, Justice E. G. Adekanmbi held that the conviction entered by His Worship Afe Osamudiamen, Chief Magistrate Grade II, was fundamentally flawed and inconsistent with established principles of criminal law.
The Court emphasized that the petition was directed against DHL as a corporate entity. Justice Adekanmbi clarified that Nigerian law does not impose vicarious criminal liability on employees for the acts or omissions of their employer, except where personal criminal conduct is proved.
The trial record revealed no specific act of theft, conspiracy, or unlawful interference attributable to Omokide. His role was limited to managerial oversight of the Benin branch.
Evidence (tracking records) tendered showed that the parcel in question was duly dispatched from DHL’s Benin office. This undermined the lower court’s conclusion that Omokide appropriated the contents.
The Court reiterated that under Nigeria’s adversarial system, the prosecution bears the burden of proof beyond reasonable doubt. It is not for the defendant to establish his innocence.
Justice Adekanmbi faulted the Magistrate Court for presuming appropriation merely because Omokide could not account for the parcel’s final destination. He stressed that DHL, as the contracting party, bore responsibility for delivery, and no evidence linked Omokide personally to the alleged loss.
The Court said the prosecution failed to prove the Counts 1-5 beyond reasonable doubt, and thereby ordered the conviction and sentence of the appellant were set aside.
Omokide was discharged and acquitted of all five counts. The fine of ₦250,000 earlier imposed was ordered to be refunded.
Omokide had previously been convicted by the Magistrate Court in charge No. MEG/275c/2023/A on July 22, 2023, for conspiracy to steal, stealing, and unlawful interference with customers’ property under Sections 412(1)(2), 287(1)(b)(c), and 346 of the Edo State Criminal Law, 2022.
