Court rejects EfCC’s Bench Warrant plea on Igbinedion

THE trial of the former Governor of Edo State, Chief Lucky Igbinedion, commenced yesterday at the Federal High Court Benin City, with the Presiding Judge, Justice Adamu Hobom, rejecting the plea by the Economic and Financial Crimes Commission, EFFC, to issue a bench warrant on the former Governor and his associates over their failure to appear in court for the hearing of the case.

Meanwhile, thousands of youths besieged the premises of the court yesterday, protesting what they described as the “retrial” of the former governor after the matter had earlier been adjudicated by the Federal High Court in Enugu. They described the on-going trial as political and urged the EFCC to desist from being used as “vendetta tools.”

Igbinedion, Patrick Eboigbodin, Michael Igbinedion, Gava Corporation, Romrig Nigeria Limited, PML Securities Company Limited and PML (Nigeria) Limited are facing a 66-count charge of money laundering and illegal withdrawal of funds belonging to the state estimated at over N2 billion, during Igbinedion’s tenure as Governor of Edo State from 1999-2007.

But in his motion on notice brought before the court, Igbinedion and the other accused persons declared that the court lacked the jurisdiction and competence to try the accused persons/applicants, adding that it would be “double jeopardy,” since the Federal High Court in Enugu had adjudicated on the same matter before.

However, it was legal fire works between the counsel to the EFCC, Rotimi Jacobs and that of Igbinedion, Ricky Tafa, when Rotimi Jacobs pleaded with the court to issue an order for a bench warrant against Igbinedion and others, for failing to appear personally for the trial.

He argued that “in a serious criminal matter such as this, they cannot sit in the comfort of their homes and say their lawyers will say it for them. I am not unmindful of an application filed on Friday, February 4, that application cannot be substituted to this physical appearance in court.

They have to be physically present even if they are challenging your Lordship’s jurisdiction. In view of this, I urge my Lord to make an order of bench warrant so that we will go and bundle them here”.

In his own submission, counsel to Igbinedion, Ricky Tafa, said it was premature for the EFCC to be requesting a bench warrant against his client when the motion before the court, which is contesting the jurisdiction of the court to hear the case after a competent court had adjudicated on the matter in Enugu, was yet to be argued.

In his ruling on the application, Justice Hobom held that the court would not issue a bench warrant immediately, but admonished the accused persons to “put up appearance in the next sitting and the application to the opposition of the charges be heard without any further delay”.

He added, however, that the bench warrant might be applied if the accused persons fail to appear in the next sitting. The case was adjourned to March 22, 2011.

-Vanguard

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Posted by admin on Feb 8 2011. Filed under EFCC Politics, Latest Politics. You can follow any responses to this entry through the RSS 2.0. You can leave a response or trackback to this entry