The Court of Appeal, Benin division, on Wednesday set aside
a judgement of a Federal High Court shielding the former Governor of Edo state,
Lucky Igbinedion, from answering to misappropriation of state's funds and money laundering charges preferred against
him by the Economic and Financial Crimes Commission, EFCC.
In a unanimous decision, the panel of three justices led by
Justice Helen M. Ogunwunmiju ruled that the former governor should return the
Federal High Court to face trial for money laundering, misappropriation of fund
and abuse of office. The other justices are Justice M. M. Saulawa and Justice
A. O. Lokulo-Sodipe.
The EFCC had approached the Court of Appeal sequel to the
judgment of Justice Adamu Hobon, then of the Federal High Court, Benin City who
dismissed the fresh charge of money laundering filed against the former
governor on the ground that Igbinedion entered a plea bargain with the EFCC and
was convicted, that the fresh charge brought against him amounts to double
jeopardy.
The panel held that there was no agreement between
Igbinedion and the EFCC that he would not face trial on fresh allegations and revelations
and therefore ordered that the former governor returns to the High Court to
face trial for money laundering and misappropriation of funds.
The EFCC had on February 8, 2011 charged the former governor
and six others before a Federal High Court sitting in Benin, on a 66-count
charge.
Others charged along with the former governor are his
brother, Michael Igbinedion, Patrick Eboigbodin, and four companies -Gava Corporation Limited,
Romrig Nigeria Limited, PMI Securities Company Limited and PML (Nigeria)
Limited.
The charge borders on money laundering, illegal transfer of
public fund to private account and abuse of office when Igbinedion was governor
of Edo State between 1997 and 2007.
“That you Lucky Nosakhare Igbinedion and Patrick Eboigbodin
between April and May 2007 within the jurisdiction of this Honourable Court did
convert the sum of N250,000,000 (two hundred and fifty million) which you
illegally derived from the Local Government Joint Allocation Account (JAAC) Edo
State on the pretence that the said amount was for the provision of security
during the 2007 local government election in Edo State (which election never
took place) and you converted the said fund with the aim of concealing the
illicit origin of the funds and you thereby committed an offence punishable
under Section 14(1) (a)of the Money Laundering (Prohibition) Act 2004”, count
one of the charge read.
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