Court Fines Igbinedion N3m For N25bn Scam
High Court in Benin - Edo, Sentenced the brother of ex-Governor Lucky Igbinedion, Michael, to a six-year jail term for N25bn money laundering offences.
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 offense of money
laundering, were however convicted on different counts.
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.
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.
Wilson Uwujaren
Head, Media & Publicity