The Coalition Against Corrupt Leaders (CACOL) has condemned the
slap-on-the-wrist judgment handed Michael Igbinedion, a younger brother
to former governor of Edo State, Lucky Igbinedion, by a federal judge.
In a shocking ruling Thursday, Justice J. Liman of the Federal High
Court in Benin, Edo State, fined N3 million for stealing N25 billion of
public money.
The Executive Chairman of CACOL, Debo Adeniran, said the judgement
was another proof that Federal Government was protecting corrupt people.
“The Minister of Justice, Mohammed Adoke is not interested in
prosecuting anybody. Several people have been indicted, nobody has been
made to face the wrath of the law; and for those who were brought before
the law, the cases were shoddily prosecuted to the extent that many of
them didn’t get deterrent punishment. As a matter of fact, it is a long
drawn story of protecting corrupt people,” he said.
“It is unfortunate this is happening in Nigeria despite the many
reforms this administration claimed it has brought to our judicial
system. This is an indication that the reforms are just charade. The
judgment ridicules our judiciary and judicial system.”
The paltry fine against Michael, was a repeat of history, as a court
had delivered a similar dubious judgement in favour of his elder brother
seven years ago.
According to the Economic and Financial Crimes Commission, which
brought the charges against Michael, the money was stolen from the Edo
State treasury when his brother was governor of Edo State.
The court’s ruling is reminiscent of a 2008 case brought against the
former governor, where he was accused of plundering the Edo State
treasury during his eight years tenure as governor.
Following a controversial plea bargain reached with the then Farida
Waziri-led EFCC, the former governor was sentenced to six months in jail
with the option of a N3.5 million fine by a Federal High Court in
Enugu.
He was also directed to return N500 million and three of the houses
he acquired with stolen public funds to the Federal Government.
Based on the plea bargain all but one of the 191 charges of corruption and money laundering against him was dropped.
Now, seven years later, a similar pattern has been followed in the case of his brother, Michael.
Michael and his co- accused, Charles Eboigbodin, were convicted by
Justice J. Liman of the Federal High Court, Benin, on Wednesday.
The duo alongside their companies: Gava Corporation Limited; Romrig
Nigeria Limited; PML Securities Company Limited and PML Nigeria Limited,
were prosecuted on an 81-count charge of money laundering,
misappropriation of funds and abuse of office brought against them by
the EFCC.
The convicts pleaded not guilty when they were arraigned, setting the
stage for a full trial. In the course of trial, the prosecution called
several witnesses to prove its case.
The duo was also convicted on different charges.
While Mr. 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, Mr. 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 prison term of not less than two years or both fine
and imprisonment.”
When the court resumed for sentencing, counsel to Mr. Eboigbodin and
PML Nigeria Limited, Richard Ahonaruogho, urged the court to exercise
its discretion and award a fine on PML Nigeria Limited and his client as
first time offenders.
Mr. Igbinedion’s counsel, Abubakar Shamsudeen, 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,” Mr. Shamsudeen said. “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.”
However, prosecuting counsel, Tayo Olukotun, who held brief for
Rotimi Jacobs told the court to impose the stiffest punishment allowed
by law on the convicts.
Mr. Olukotun 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 from 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.”
Mr. Olukotun said, “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, Mr. Liman proceeded to pronounce his sentence on the convicts.
He sentenced Mr. Eboigbodin to two years imprisonment but gave Mr.
Igbinedion an option of N1 million fine on each of the three counts for
which he was convicted and in default, two years imprisonment.
Mr. Liman also wound up PML Nigeria Limited and all its assets
forfeited to the Federal Government, he ordered the company to pay N1
million on each of the ten counts for which it was convicted.
In addition, the judge 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.
During the trial, a prosecution witness 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.
He added that he printed the account statements and got them certified by the appropriate authority.
Another witness Eriyo Amadiayagbon, a personal assistant to Mr.
Igbinedion told the court how he was instructed on several occasions to
make lodgements into the accused GTB account and those of Romrig Nigeria
Limited and Gava Corporation.
According to Mr. Amadiayagbon, 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,” Mr. Amadiayagbon had said.
He clearly identified his name on the printed account statement of
Mr. Igbinedion, which is part of the exhibits before the court.
Abdullahi Hamza, an EFCC operative and 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 transfer of funds into
the account of Ekpenyong and Sons, a company owned by the first accused
person, Mr. Eboigbodin.
CACOL urged the incoming Buhari government to reopen all these cases
and bring all corrupt people and their allies in the judiciary to
judgment.
“What a ridiculous judgment! What ratio is N3m to N25bn? What
qualifies Lucky for an option of fine which is not applicable to
Eboigbodin? Do we have different sets of laws for different classes of
people?”
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