(2014) JELR 50906 (CA)    

Court of Appeal  ·  CA/B/329CF/2011 ·  9 Apr 2014 ·  Nigeria
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senior counsel
plea bargain agreement
accused persons
amended charge
charge no. fhc
lucky nosakhare igbinedion
abuse of court process
learned trial judge
1st accused
2nd accused
e.f.c.c. act
federal high court
federal republic of nigeria v
nigerian army v
accused person
evidence act
laws of the federation of nigeria
defences of plea bargain agreement
guilty pleas
kiva corporation limited
learned respondent’s counsel
plea bargain meeting
senior learned counsel
sole issue
acquittal of others
briefs of arguments
course of the trial
criminal defendant
criminal matter
evidence of condonation
governor of edo state
grounds of double jeopardy
hon. justice adamu hobon
mr. michael igbinedion
offences inquestion
plea bargainarrangement
plea of autre fois convict
police officer
proferred charge
report of the plea bargain agreement
respondent’s counsel mention
said charge
sections of the money laundering

OGUNWUMIJU JCA (Delivering the Lead Judgment): This is an appeal against the rulingof the Federal High Court, Benin Division, delivered by Hon. Justice Adamu Hobon on 31 May 2011, wherein his lordship dismissed the reliefs claimed by the appellant in the motion on notice dated 4 February 2011 and consequently ordered that the appellant enter its plea to the charge dated 21 January 2011 against him. Below are the facts that resulted in this appeal:

The respondent, on 22 January 2008 at the Federal HighCourt Enugu, proferred charge No: FHC/EN/6C/2008 - F.R.N. v. Lucky Nosakhare Igbinedion . 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 bargainarrangement. Onlythe 1st and the 2nd accused were physically present at the plea bargain meeting.

Consequent to the plea bargain agreement, the prosecution on 18 December 2008, filed an amended charge with charge No. FHC/EN/6C/ 2008 Federa…

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