HELEN MORONKEJI OGUNWUMIJU, JCA (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 and 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. Luc…