Federal Republic Of Nigeria V. Lucky Nosakhare Igbinedion & Ors (2014)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

HELEN MORONKEJI OGUNWUMIJU, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the interlocutory decision of the Federal High Court, Benin Division, per Honourable Justice Adamu Hobon dated 31st May, 2011, which upheld the pleas of double jeopardy and condonation raised by the Respondent who was the 1st Accused person, against his trial before that court.

The Appellant being dissatisfied with the said decision now appealed to this Court by its notice of appeal dated and filed on 5th July, 2011. Below are the facts that led to this appeal:

The Respondent was the Executive Governor of Edo State between 1999 and 2007. A charge was preferred against the Respondent along with six (6) other natural and juristic persons on 31st January, 2011 before the Federal High Court Benin, for offences of money laundering of funds allegedly belonging to the Edo State Government and Local Governments in Edo State.

After the Accused persons were served with the charge along with the proof of evidence, all the accused persons jointly filed a motion on notice dated and filed on 4th February, 2011 praying the trial court to set aside the charge preferred against them for want of jurisdiction on the ground that the charge is caught by the doctrine of double jeopardy and condonation.

The position taken by the Respondent was that he and the other accused persons had earlier been charged in Charge No. FHC/EN/6C/2008 between the Federal Republic of Nigeria v. Lucky Nosakhare Igbinedion & Ors and that judgment was entered after a plea bargain agreement and that the prosecution was in law, barred from initiating any further criminal proceedings against all the accused persons including the Respondent herein.

The Appellant in reaction to the said motion filed a counter affidavit sworn to on 18th February, 2011 wherein it stated that none of the accused persons was convicted in the earlier charge for the offence of money laundering and that it was only the 1st accused (now Respondent) who was charged and convicted for an office of none disclosure of assets [money in GTB Account] under S. 27(3) of the Economic and Financial Crimes Commission (Establishment) Act, 2004.

The Appellant also agreed in principle that there was a settlement in the Enugu trial but that the settlement did not cover the facts and the various offences disclosed in the present charge before the Federal High Court, Benin.

Both parties filed written addresses in support of and in opposition to the motion and oral arguments were canvassed before the trial court. In its ruling, dated 31st May, 2011, the lower court, presided over by His Lordship, Hon. Justice Adamu Hobon granted the prayer of the Respondent and found that he could avail himself of the pleas of:

(a) Plea bargain agreement

(b) Condonation

(c) Autre fois convict

(d) Double jeopardy

(e) Abuse of court process.