Romrig Nigeria Limited V. Federal Republic Of Nigeria (2017)

LAWGLOBAL HUB Lead Judgment Report

AMIRU SANUSI, J.S.C.

This is an appeal against the Judgment of the Court of Appeal, Benin Division (the lower Court) delivered on the 9th of April, 2014 which affirmed the decision of the Federal High Court, Benin division (the trial Court)

The background facts which gave rise to this appeal as gathered from the Record are summarised below. The prosecution preferred 66 count charge against the appellant and 6 other accused persons before the trial Court. The appellant herein, was the 5th accused person and he and his co-accused were alleged to be involved in the laundering of the funds belonging to the Edo State Government and Local Government, of the State.

On being served with the charge, the accused persons filed an application dated 4th February, 2011 challenging the jurisdiction of the Federal High Court Benin to entertain the charge. The application was predicated on the doctrines of double jeopardy and condonation. They complained that they have been charged at the Federal High Court, Enugu in charge No FHC/EN/6C/2008 between FRN v. LUCKY NOSAAKHARE IGBINEDION and Others and that Judgment was

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entered after a plea bargain arrangement between the accused persons and the prosecution.

In opposing the motion, the prosecution filed a counter affidavit, wherein it was stated that neither the appellant herein, nor any of the accused persons was convicted in the charge filed at Enugu Federal High Court for the offence of money laundering and that it was only the 1st accused person (Lucky Igbinedion) who was charged and convicted for the offence bordering on non-disclosure of assets (Money in GTB Account) before the trial Court.

The prosecution stated that it is not in dispute that charge no. FHC/EN/6c/2008 was filed by the respondent herein, at Enugu Division of the Federal High Court and that it is also not in dispute that the name of appellant featured as one of the accused persons in the charge filed at Enugu While the charge was pending, Lucky Igbinedion approached the prosecution for a plea bargain arrangement which was strictly between the EFCC on one part and Lucky Igbinedion and KIVA corporation on the other part and one of the conditions for the plea bargain was for Lucky Igbinedion to make full disclosure of his interests in the appellant

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herein and his relationship with Patrick Eboigbodim (the 2nd accused in the charge before the trial Court and one Amadim David Eriyo.

Lucky Igbinedion denied knowing the appellant herein and he also denied ever instructing the duo of Patrick Eboigbodim and Amadim David Eriyo to pay money into the account of the appellant and other companies including the 4th, 6th and 7th accused persons.

The prosecution also pointed out that Michael Igbinedion and Patrick Eboigbodin were major persons who deposited the various proceeds of crime into the accounts of the appellant herein and that contrary to the contention of the appellant, there was no agreement between it and the prosecution that it will not be prosecuted for various sums of money laundered through the appellant. The prosecution further stated that the appellant was never a party to the settlement arrangement in the charge preferred at Enugu Federal High Court because Michael Igbinedion (the alter ego of the company). Patrick Eboigbodin and Amadi Erigo who paid several sums of money in to the account of the appellant company were not available to explain the circumstances under which they made various

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lodgments.