(2014) JELR 39913 (CA)    

Court of Appeal  ·  CA/B/329CB/2011 ·  9 Apr 2014 ·  Nigeria
HELEN MORONKEJI OGUNWUMIJU Justice of The Court of Appeal of Nigeria IBRAHIM MUSA MOHAMMED SAULAWA Justice of The Court of Appeal of Nigeria AYOBODE OLUJIMI LOKULO-SODIPE Justice of The Court of Appeal of Nigeria
Core Terms Beta
senior counsel
plea bargain agreement
accused persons
amended charge
efcc act
charge no
1st accused
aminu kano
learned trial judge
plea of autre fois convict
lucky nosakhare igbinedion
nigerian army v
plea bargain arrangement
accused person
charge no fhc
evidence act
2nd accused
federal high court enugu
guilty pleas
senior learned counsel
sole issue
acquittal of others
armed forces act cap a20
briefs of arguments
course of the trial
criminal defendant
criminal matter
defences of plea bargain agreement
evidence of condonation
federal republic of nigeria v.
governor of edo state
grounds of double jeopardy
ingredients of the offences charge no
learned convict
maude aminu kano
mr lucky nosakhare igbinedion
mr. micheal igbinedion
pleas of autrefois convict
police officer
report of the plea bargain agreement
rotimi jacobs san
ruling of the federal high court
said charge

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 reliefs claimed by the appellant in the motion on notice dated 4/02/2011 and consequently ordered that the appellant enter its plea to the charges against it. Below are the facts that resulted in this appeal:

The respondent, on 22/01/2008 at the Federal High Court Enugu, preferred 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.

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.

The Court sat on th…

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