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

LAWGLOBAL HUB Lead Judgment Report

AMINA ADAMU AUGIE, J.S.C.

This Appeal deals with the issue of plea bargain and double jeopardy, and involves charge No. FHC/EN/6C/2008 filed at the Enugu Division of the Federal High Court in 2008 and Charge No. FHC/B/11C/2011 filed at the Benin Division of the same Federal High Court in 2011.

The Appellant did not feature in the original Charge filed at the Federal High Court, Enugu [FHC Enugu]; it came into the picture as the 7th Accused Person in the Amended Charge No. FHC/EN/6C/2008 – Federal Republic of Nigeria V. Lucky Nosakhare Igbinedion & 6 Ors (hereinafter referred to as Enugu Charge). No pleas had been taken when Prosecution Counsel informed the Court on 17/12/2008 that-

The Accused Persons approached us for settlement and we are about to conclude the terms and also to amend the Charge accordingly. We need a date to report back. We have agreed on tomorrow 18/12/2008.

The Respondent filed the Amended Charge by the said 18/12/2008, but it only listed Lucky Nosakhare Igbinedion and Kiva Corporation, who were 1st and 3rd Accused Persons in the first Amended Charge, as Accused

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Persons; the Appellant and 4 others were not mentioned. Lucky Nosakhare Igbinedion and Kiva Corporation pleaded guilty to offences relating to each of them and were convicted and sentenced.

However, on 31/1/2011. the Respondent filed another Charge No. FHC/B/11C/2011 – FRN V. Lucky Nosakhare Igbinedion & 6 Ors [Benin Charge] at the Federal High Court Benin Division [FHC Benin]. The Appellant and the other Accused Persons filed a Joint Application at the FHC Benin, wherein they prayed for the following Orders

1. A declaration that this Hon. Court lacks jurisdiction and competence to arraign the Accused Persons/Applicants and to trial (sic), hear and determine the offences contained in these proceedings.
2. An Order setting aside Charge No. FHC/B/11C/2011 – FRN V. Lucky Nosakhare Igbinedion & Ors in the proceedings on the grounds of double jeopardy and condonation arising from Charge No. FHC/EN/6C/2008- FRN V. Lucky Nosakhare Igbinedion & Ors in respect of which Judgment was entered on 18/12/2008 by Hon. Justice A. Abdu-Kafarati sitting at the Federal High Court, Enugu Judicial Division and in respect of which an appeal was

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filed by the Respondent herein in Appeal No. CA/E/207M/2010 – FRN v. Lucky Nosakhare Igbinedion.

3. An Order of Perpetual Injunction against Federal Republic of Nigeria FRN or any of her agencies, including but not limited to Honorable Attorney-General of the Federation (HAGF), the Economic and Financial Crimes Commission [EFCC]; Independent Corrupt Practices Commission [ICPC] and Inspector General of Police from instituting and or maintaining any criminal proceedings or charge relating to any of the charges contained either in its original or amended form in Charge No FHC/EN/6C/2008 – or any other offences having the same ingredients as the offences contained either in its original or amended form in Charge No FHC/EN/6C/2008 – FRN V Lucky Nosakhore Igbinedion & Ors.
4. An Order of Perpetual Injunction against the FRN or any of her agencies, including but not limited to the HAGF: the EFCC; the ICPC; and the IGP from arresting and or detaining the Accused Persons/Applicants in respect of any matter contained in Charge No. FHC/EN/6C/2008 – FRN V. Lucky Nosokhare Igbinedion & Ors either in its original or amended Charge except upon the Orders

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of a Court superior to this Hon. Court.

5. An Order staying the arraignment of the Applicants/Accused Persons in these proceedings – – – pending the determination of this Application.

The GROUNDS upon which the said Application was brought are as follows-

(i) The Applicants participated – – in Charge NO. FHC/EN/5C/2008 which originated on 22/7/2008 between FRN as complainant and (1) Lucky Nosakhare Igbinedion (2) KIVA Corporation (3) GAVA Corporation (4) Ekpen & Sons Company and (5) Romrig Nig. Ltd. as Accused Persons.