Court to decide on Igbinedion's case on May 31

The Federal High Court sitting in Benin, Edo State has reserved ruling for May 31, 2011 in the preliminary objection filed by counsel to former Governor of Edo State, Chief Lucky Igbinedion and six others against charges of corruption and money laundering preferred to him by the Economic and Financial Crimes Commission [EFCC]. Lucky Igbinedion and six other accused persons including, Patrick Eboigbodin, Michael Igbinedion, Gava Corporation Limited, Romric Nigeria Limited, PML Security Limited and PML Nigeria Limited are facing a 66 count charge of corruption and money laundering allegedly perpetrated during the eight year rule of the former governor. But counsel to the accused persons, Ricky Tafa [SAN] filed the preliminary objection asking the court to set aside the charge on grounds that the accused had earlier been granted pardon and that the offence had been condoned by an Appeal Court in Enugu. Ricky Tafa argued that the accused persons had been tried and convicted of the same offence with the same ingredient by a competent court. Relying on Section 36(9) of the Constitution of the Federal Republic of Nigeria Rikki Tarfa argued that the substance and ingredient of the current charges were similar as he was charged for money laundering. He submitted that based that the court has no jurisdiction to hear the case pursuant to submission as provided by the constitution and should therefore strike out the case. But Prosecution Counsel, Rotimi Jacob in his argument informed the court that the earlier trial of the former governor was as a result of his failure to declare his assets, particularly N350 million in his account with GTB and not money laundering as submitted by his counsel. He argued that his co-accused persons which are the 2nd to the 7th respondents have never been tried for the offences listed. Citing Edu Vs COP, and R Vs Connelli, Rotimi Jacobs submitted that one can be tried twice for two distinct charges committed at the same time under similar circumstances Mr. Rotimi Jacob submitted that the circumstances of the earlier trial were distinct from the present case, and urged the court to arraign the accused persons, stressing that the application filed by accused counsel was to slow down the process of justice. Rotimi Jacobs also denied any agreement with the EFCC that following the plea bargain, he will not be prosecuted for any other offence committed during his tenure asking counsels of Lucky Igbinedion to provide proof of such agreement. Justice Adamu Hobon after hearing arguments from both counsels, adjourned ruling on the application to May 31, 2011.�� � The application filed on February 4, 2011 added that the accused persons have been tried and convicted before and that the offence had been compounded by section 14 subsection (2) of the EFCC Act. At the last adjournment date, presiding Judge, Hon. Justice Adamu Hobon urged both counsels to the EFCC, Rotimi Jacobs and that accused persons, Ricky Tafa to file in their written addresses on the motion on notice.