Pml Securities Company Limited V. Federal Republic Of Nigeria (2014)
LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL
AYOBODE OLUJIMI LOKULO-SODIPE, J.C.A. (Delivering the Leading Judgment)
The Federal High Court Benin Division (hereafter simply referred to as “the lower court”) presided over by Hon. Justice Adamu Hobon being seised of Charge No. FHC/B/11C/2011 – FEDERAL REPUBLIC OF NIGERIA v. LUCKY NOSAKHARE IGBINEDION & 6 ORS; on 31/5/2011 delivered a ruling in a motion on notice dated 4/2/2011 and filed on the same date brought jointly by all the accused persons in the said Charge, as Applicants.
The said ruling was against all the Applicants therein save the 1st Accused/1st Applicant – Lucky Nosakhare Igbinedion. He was discharged from the proceedings, i.e. Charge No. FHC/B/11C/2011 – FEDERAL REPUBLIC 0F NIGERIA v. LUCKY NOSAKHARE IGBINEDION & 6 ORS (hereafter simply referred to as “the FHC, Benin Charge or “instant Charge”) while the lower court having dismissed the motion on notice as it relates to the other accused persons/Applicants in the said Charge called on them to enter their respective pleas.
The instant appeal is against the ruling of the lower court as it relates to the 6th accused/6th Applicant in the instant Charge. The 6th accused/Applicant will hereafter be simply referred to as “the Appellant”
The motion in respect of which the lower court delivered its ruling is on pages 701-703 in Vol. II of the records. Therein, the Applicants prayed for the orders re-produced hereunder upon the grounds also re-produced hereunder: –
“1. A DECLARATION that this Honourable Court lacks jurisdiction to and competence to arraign the Accused Persons/Applicants and to try, hear and determine the offences contained in these proceedings.
- AN ORDER setting aside CHARGE NO: – FHC/B/11C/2011 – FEDERAL REPUBLIC OF NIGERIA v. LUCKY NOSAKHARE IGBENEDION & OTHERS in these proceedings on the grounds of double jeopardy and condonation arising from CHARGE NO: – FHC/EN/6C/2008 – FEDERAL REPUBLIC OF NIGERIA v. LUCKY NOSAKHARE IGBENEDION & OTHERS in respect of which Judgment was entered on 18th day of December by the Honourable Justice A. Abdu-Kafarati sitting at the Federal High Court, Enugu Judicial division and in respect of which an appeal was filed by the Respondent herein in APPEAL NO: – CA/E/207M/2010 – FEDERAL REPUBLIC OF NIGERIA v. LUCKY IGBENEDION.
- AN ORDER OF PERPETUAL INJUNCTION against the Federal Republic of Nigeria (Complainant/Respondent), herein or any of her agencies, including but not limited to the Honorable Attorney-General of the Federation (HAGF); the Economic and Financial Crimes Commission (EFCC); the Independent Corrupt Practices Commission (ICPC); and the Inspector General of Police (IGP) 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 – FEDERAL REPUBLIC OF NIGERIA v. LUCKY IGBENEDION & OTHERS 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 – FEDERAL REPUBLIC OF NIGERIA v. LUCKY IGBENEDION & OTHERS.
- AN ORDER OF PERPETUAL INJUNCTION against the Federal Republic of Nigeria (Complainant/Respondent herein), or any of her agencies, including but not limited to the Honourable Attorney-General of the Federation (HAGF); the Economic and Financial Crimes Commission (EFCC); the Independent Corrupt Practices Commission (ICPC); and the Inspector General of Police (IGP) from arresting and or detaining the Accused Persons/Applicants in respect of any matter contained in CHARGE NO: – FHC/EN/6C/2008 – FEDERAL REPUBLIC OF NIGERA v. LUCKY IGBENEDION & OTHERS either in its original or amended Charge except upon Orders of a Court superior to this Honourable Court.
- AN ORDER staying the arraignment of the Accused Persons/Applicants in these proceedings (CHARGE NO:- FHC/B/11C/2011), PENDING THE DETERMINATION OF THIS APPLICATION.
- AND FOR SUCH FURTHER ORDER or other Orders as this Honourable Court may deem fit to make in the circumstances.”
The grounds upon which the application is brought or predicated are as follows: –
(i) The Applicants herein participated as Accused Persons in CHARGE NO: FHC/EN/6C/2008 which said Charge originated on 22nd January, 2008 between the FEDERAL REPUBLIC OF NIGERIA as Complainant and (1) LUCKY IGBENEDION, (2) KIVA CORPORATION LIMITED, (3) GAVA CORPORATION LIMITED, (4) EKPEN & SONS COMPANY and (5) ROMRIG NIGERIA LIMITED as Accused Persons.
(ii) The said CHARGE NO: – FHC/EN/6C/2008 was subsequently amended vide the Amended Charge dated 13th October, 2008 to read FEDERAL REPUBLIC OF NIGERIA v. (1) LUCKY IGBENEDION, (2) MICHAEL IGBENEDION, (3) KIVA CORPORATION LIMITED, (4) GAVA CORPORATION LIMITED, (5) ROMRIG NIGERIA LIMITED, (6) PML SECURITIES COMPANY LIMITED and (7) PML (NIGERA) LIMITED.
(iii) The said CHARGE NO: – FHC/EN/6C/2008 culminated in a plea bargain in the Amended Charge dated 17th December, 2008 and filed on 18th December, 2008 leaving the parties thereto as FEDERAL REPUBLIC OF NIGERIA v. (1) LUCKY IGBENEDION, (2) KIVA CORPORATION LIMITED in keeping faith with the said plea bargain.
(iv) The ingredients of the offences in these proceedings i.e. CHARGE NO:- FHC/B/11C/2011 – (1) LUCKY IGBENEDION, (2) PATRTCK EBOIGBODIN, (3) MICHAEL IGBENEDION, (4) GAVA CORPORATION LIMITED, (5) ROMRIG NIGERIA LIMITED, (6) PML SECURITIES COMPANY LIMITED and (7) PML (NIGERIA) LIMITED are the same with that in CHARGE NO: – FHC/EN/6C/2008 in respect of which the Honourable Justice A. Abdu-Kafarati of the Enugu Division of this Honourable Court delivered the Judgment on 18th December, 2008 following a plea bargain.
(v) The Complainant/Respondent herein curiously lodged an appeal against the said Judgment delivered by the Honourable Justice A. Abdu Kafarati to the Court of Appeal in APPEAL NO: – CA/E/207M/2010 – FEDERAL REPUBLIC OF NIGERIA v. LUCKY IGBENEDION which said appeal is pending before the Enugu Division of the Court of Appeal and in respect of which the appeal has been entered with both the Appellant’s and Respondent’s Briefs having been filed.
(vi) The present CHARGE NO: – FHC/B/11C/20011 is caught by the doctrine of double jeopardy and condonation.
(vii) The present CHARGE NO: – FHC/B/11C/2011 is incurably bad and it is a violent abuse of the processes of the Honourable Court by reason of which the Honorable Court is deprived of its jurisdiction and competence to arraign, try, hear and determine same.”
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