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FRN
V.
IGBINEDION & ORS

(2014) JELR 39898 (CA)    

Court of Appeal  ·  CA/B/329CA/2011 ·  9 Apr 2014 ·  Nigeria
 · 
Other Citations
F. R. N. v. Igbinedion (2015) 2 NWLR (Pt. 1444) 475
CORAM
HELEN MORONKEJI OGUNWUMIJU Justice of The Court of Appeal of Nigeria IBRAHIM MOHAMMED MUSA SAULAWA Justice of The Court of Appeal of Nigeria AYOBODE OLUJIMI LOKULO-SODIPE Justice of The Court of Appeal of Nigeria

Ratio Decidendi

Core Terms Beta
respondent
appellant
senior counsel
charge
charge no. fhc
appeal
federal high court
notice of appeal
trial court
lucky nosakhare igbinedion
court of appeal rules
plea bargain agreement
accused persons
autre fois convict
abuse of court process
distinct offence
lower court
present charge
court of appeal act
criminal matters
earlier charge
learned counsel
offences of money
pleas of autre fois convict
amended charge of 17th december
case of amadi v
criminal matter
criminal offences
executive governor of edo state
federal high court benin
form of such notice
further criminal proceedings
interlocutory decision of the federal high court
juristic persons
learned prosecutor
learned trial judge
offence of money laundering
oral arguments
pleas of double jeopardy
proof of evidence
prosecutors viz rotimi jacobs
relevant provisions of the constitution
s.230 of this act
said decision
such proceedings
various offences

HELEN MORONKEJI OGUNWUMIJU, JCA (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…

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