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PML (NIGERIA) LIMITED v. FEDERAL REPUBLIC OF NIGERIA

(2017) JELR 37356 (SC)

Supreme Court  •  SC.256/2014  •  15 Dec 2017  •  Nigeria

Coram
IBRAHIM TANKO MUHAMMAD JSC; OLUKAYODE ARIWOOLA JSC; JOHN INYANG OKORO JSC; AMINA ADAMU AUGIE JSC; EJEMBI EKO JSC;

Judgement

AMINA ADAMU AUGIE, JSC (Delivering the Leading Judgment): This Appeal deals with the issue of plea bargain and double jeopardy, and involves charge No. FHC/EN/6C/2008 filed at the Enugu Division of the Federal High Court in 2008 and Charge No. FHC/B/11C/2011 filed at the Benin Division of the same Federal High Court in 2011.

The Appellant did not feature in the original Charge filed at the Federal High Court, Enugu [FHC Enugu]; it came into the picture as the 7th Accused Person in the Amended Charge No. FHC/EN/6C/2008 - Federal Republic of Nigeria v. Lucky Nosakhare Igbinedion and 6 Ors (hereinafter referred to as Enugu Charge). No pleas had been taken when Prosecution Counsel informed the Court on 17/12/2008 that-

The Accused Persons approached us for settlement and we are about to conclude the terms and also to amend the Charge accordingly. We need a date to report back. We have agreed on tomorrow 18/12/2008.

The Respondent filed the Amended Charge by the said 18/12/2008, but it only l…

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