In a scandalous replay of the episode, a few years back, when Justice Abdullahi
Kafarati, then of the Federal High Court Enugu, offered an option of
N3.5million fine to Lucky Igbinedion, former governor of Edo State for
corruption offences, his younger brother, Michael Igbinedion who is being
prosecuted by the Economic and Financial Crimes Commission, EFCC for siphoning
N25billion from the Edo state treasury during the period his elder brother held
the reins as chief executive, today received a fine of N3million from Justice
J. Liman of the Federal High Court, Benin.
The anti-climactic denouement to a trial that was marked by a series
of drama and unconscionable adjournments became ominous Wednesday April 29,
2015 when the trial judge failed to sentence the accused persons having found
them guilty on some of the charges in the 81-count information preferred against
them by the EFCC. Instead, he fixed the sentencing for the next day, April 30,
2015 but it was clear the direction the pendulum was going to swing, as the two
accused persons, Charles Eboigbodin, personal assistant to Lucky Igbinedion and
Michael Igbinedion, though allegedly committed the same offence of money
laundering, were however convicted on different
counts.
While Eboigbodin and PML Nigeria Limited were convicted on
counts 50 to 59 for colluding to conceal the illicit origin of funds as
stipulated under Section 14 (1)(b) of the Money Laundering (prohibition) Act,
Michael Igbinedion was convicted on counts 79, 80 and 81 for receiving cash in
excess of the stipulated threshold . The offence covered by these counts under
Section 15 B of the Money Laundering Act carries both “a fine of not less than
N250, 000 or more than N1million or a term of imprisonment of not less than 2
years or to both fine and imprisonment.”
When the court resumed
today for sentencing, counsel to Eboigbodin and PML Nigeria Limited, Richard
Ahonaruogho urged the court to exercise its discretion and award a fine on PML
Nigeria Limited and Eboigbodin as first time offenders.
Counsel to Igbinedion,
Abubakar Shamsudeen also prayed the court to tamper justice with mercy in
sentencing his client. "The second convict confided in me and he is
remorseful and repentant, and your Lordship has unfettered discretion to
exercise option of a fine. Section 15(2) of the Money Laundering Act has given
my Lord the ability to exercise the sentence with an option of a fine not below
N250, 000 or N500, 000 and not more than N1, 000,000. My Lord, he is a first
time offender with no previous record of criminality", he said.
But prosecuting counsel, Tayo Olukotun, who held brief for
Rotimi Jacobs, SAN, told the court to impose the stiffest punishment allowed by
law on the convicts. He contended that given the huge amount involved in the
case, the reputation of the court was at stake if it grants an option of fine
to the accused persons.
He urged the court not to be swayed by the plea of leniency by the
defence lawyers, pointing out that “the convicts have been on bail and had been
travelling in and out of the country and even after their conviction yesterday,
they still went home, so the court has been lenient enough”.
According to Olukotun, "the position of the law is
clear on the punishment for the various counts for which Patrick Eboigbodin,
PML Nigeria Limited and Michael Igbinedion had been convicted. Eboigbodin must
serve the sentence as his offence has no provision for an option of fine, while
the counts on which Igbinedion was convicted has an option of fine,
imprisonment or both fine and imprisonment. We urge your Lordship to administer
both the option of fine and imprisonment on Igbinedion”
After listening to counsel, Justice Liman proceeded to pronounce his
sentence on the convicts.
He sentenced Eboigbodin to two years
imprisonment but gave Igbinedion an option of N1
million fine on each of the three counts for which he was convicted and in
default, two years imprisonment.
The judge also wound up PML Nigeria Limited and all its assets
forfeited to the Federal Government. He also ordered the company to pay N1
million on each of the ten counts for which it was convicted. In
addition, Justice Liman discharged and acquitted three of the companies
involved in the case: Gava Corporation Limited, Romrig Nigeria Limited and PML
Securities Company Limited.
The convicts who were docked on an 81- count charge had pleaded not
guilty upon arraigning setting the stage for a full trail. In the course
of trial, the prosecution called several witnesses to prove its case.
It would be recalled
that during trial, a prosecution witness Mr. Ajoyo Sowale, an Accounts Officer
with the Guaranty Trust Bank, identified various account statements and account
opening documents of the convicts and confirmed to the court that several
lodgements were made into the accounts, and that he printed the account statements
and got them certified by the appropriate authority.
Another witness Mr. Eriyo Amadiayagbon David who was Personal Assistant to Micheal Igbinedion also told the court how he was instructed on several occasions to make lodgements into his (Igbinedion) GTB account and those of Romrig Nigeria Limited and Gava Corporation. According to David, he usually received cash from the Accountant at the Government House and paid into the account of the second accused person. "And after paying the government entourage, the remaining cash was usually given to the ADC to the Governor," he stated. David further identified his name on the printed account statement of Michael Igbinedion which is part of the exhibits before the court.
Abdullahi Hamza an EFCC operative who was also a witness in the trial, gave detailed account of how state funds were diverted by the convicts for personal purposes, such as buying of shares, and how funds were transferred into the account of Ekpenyong and Sons, a company owned by the first accused person, Eboigbodin.
Another witness Mr. Eriyo Amadiayagbon David who was Personal Assistant to Micheal Igbinedion also told the court how he was instructed on several occasions to make lodgements into his (Igbinedion) GTB account and those of Romrig Nigeria Limited and Gava Corporation. According to David, he usually received cash from the Accountant at the Government House and paid into the account of the second accused person. "And after paying the government entourage, the remaining cash was usually given to the ADC to the Governor," he stated. David further identified his name on the printed account statement of Michael Igbinedion which is part of the exhibits before the court.
Abdullahi Hamza an EFCC operative who was also a witness in the trial, gave detailed account of how state funds were diverted by the convicts for personal purposes, such as buying of shares, and how funds were transferred into the account of Ekpenyong and Sons, a company owned by the first accused person, Eboigbodin.
The parties adopted
their written addressed in November14, 2014, while judgment was reserved for
December 1, 2014. But a series of adjournments forced delay in the delivery of
the ruling, On April 10, 2015; the parties had to re-adopt their written
addresses after the expiration of the 90 days constitutionally prescribed for
judgment to be delivered after the adoption of written addresses. April 17 was
again fixed for ruling but this too was moved to April 27.
When justice Liman finally
delivered his ruling on April 29, 2015, after putting it off for two
consecutive days( Monday, April 27 and Tuesday, April28 ), he found the two
accused persons guilty on some of the counts. The judge convicted Eboigbodin
for money laundering on counts 50-59 in line with the provisions of Section 14
of the Money Laundering Act, while Igbinedion was pronounced guilty as charged
on counts79-81.
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