Michael Igbinedion V. Federal Republic Of Nigeria (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 ruling of the Federal High Court, Benin Division delivered by Hon. Justice Adamu Hobon on 31/05/2011, wherein His Lordship dismissed the preliminary objection raised by the appellant to the charge against him, and consequently ordered that the appellant enter his plea to the charge. Below are the facts that resulted in this appeal:

The respondent, on 22/01/2008 at the Federal High Court Enugu, proferred Charge No: FHC/EN/6C/2008- FRN V. LUCKY NOSAKHARE IGBINEDION & 4 ORS. The appellant was the 5th accused in the said charge. During the course of the trial, the 1st accused in the charge approached the prosecution for a plea bargain arrangement. Only the 1st and the 2nd accused were physically present at the plea bargain meeting.

Consequent to the plea bargain agreement the prosecution on 18/12/2008 filed an amended Charge with Charge No FHC/EN/6C/2008 FEDERAL REPUBLIC OF NIGERIA V. 1. LUCKY NOSAKHARE IGBINEDION 2. KIVA CORPORATION LIMITED and containing 24 counts as in page 812 – 819 of the record.

The Court sat on the same 18/12/2008, the parties gave the Court a report of the plea bargain agreement and the Court accepted the amended Charge. The Charge was read to both the 1st and 2nd accused persons and they both pleaded guilty. A. Abdu-Kafarati J. subsequently convicted the accused persons guilty as charged as in pages 820-824 of the record. The 1st accused was liable to pay fine while the 2nd accused was liable to fine, forfeiture of assets and winding-up.

On 31/01/2011, the respondent filed Charge No FHC/B/11C/2001 at the Federal High Court Benin headed FRN V. LUCKY IGBINEDION & 6 ORS. The appellant herein was one of the accused persons in the new charge before the Federal High Court, Benin.

On 4/02/2011, the appellant and the six other accused persons jointly filed a motion on notice praying the Court to set aside the charge against them on the grounds of double jeopardy and condonation amongst other reliefs. They filed a further affidavit to the said motion on 14/02/11 and the respondent filed a counter-affidavit on 18/02/11. Briefs of arguments were later exchanged between parties. On 31/05/2011, the Court in delivering its ruling, discharged and acquitted only the 1st accused person and ordered the other accused person, (including the appellant herein) to take their plea.

Aggrieved, appellant filed a notice of appeal against the ruling on 29/11/2011 which was deemed filed on 23/4/2013. Appellant filed its brief of argument on 21/05/2013 deemed filed on 27/06/2013. Respondent’s brief of argument was filed on 10/06/2013 while the reply brief was filed on 24/06/2013.

Appellant, in the brief settled by Rickey Tarfa SAN, Abubakar Shamsudeen, Winifred Enyinnaya (Mrs) and Grant Onwuka raised only one issue for determination thus:

Whether in the circumstances of Charge No. FHC/EN/6C/2008- FEDERAL REPUBLIC OF NIGERIA VS. LUCKY NOSAKHARE IGBINEDION & ORS, the Learned Trial judge was right when he held that the defences of plea bargain agreement, condonation, plea of autrefois convict, the doctrine of double jeopardy and abuse of Court process are not available to the appellant in respect of Charge No. FHC/B/11C/2008- FRN V. LUCKY NOSAKHARE IGBINEDION & 6 ORS.

The respondent, in the brief settled by Rotimi Jacobs SAN, Adebisi Adeniyi, Tayo Olukotun, Oladipupo Yeye and Joy Onyekwena also raised a sole issue for determination thus:

Whether the learned trial Judge was wrong to have held that none of the doctrines or pleas of autrefois convict, double jeopardy, plea bargain agreement and abuse of Court process was available to the Appellant herein as to entitle it to an order of discharge in respect of Charge No: FHC/B/11C/2008 between FRN V. LUCKY NOSAKHARE IGBINEDION & 6 ORS.

The issues as couched by both parties are similar. However, the issue couched by the learned appellant’s counsel encapsulates the appellant’s grouse and is more lucid.

SOLE ISSUE