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…