Igbinedion remanded in EFCC custody till Feb. 4

It gave the directive after a short argument between Igbinedion�s lawyer, Mr. Adetunji Oyeyipo(SAN), and that of the EFCC, Mr. Rotimi Jacobs, on a bail application by the accused.

Igbenedion had pleaded not guilty to a 147- charge brought against him by the commision.

The former governor had immediately the charge-sheet was being read, asked to be allowed to sit down but his request was turned down by Justice Olayinka Faji.

He looked sombre in the dock throughout the 164 minutes that two officials of the court spent in reading the bulky document.

Igbinedion was arraigned along with Kiva Corporation Limited, Gava Corporation Limited, Ekpen & Sons Limited, and Romrig Nigeria Limited.

The EFCC had initially prepared a 156-count charge against him but it was reviewed when Faji noted the non-appearance of the other accused persons.

The nine-count charge against Ekpen & Sons Limited was then dropped because it could not be served.

Faji had raised the issue of legal representations for the companies that were arraigned alongside Igbinedion, saying pleas should be taken for them or on their behalf.

Jacobs concurred with the judge and noted that by section 468 of the Criminal Procedure Act, a plea of �not guilty� should be entered for them.

He added that all the charges should stay because they could not be amended immediately.

The EFCC counsel said that the charges could be continued when Ekpen and Sons (fourth accused) and Romrig Nigeria Limited (fifth accused) show up.

But Faji insisted that the other accused could not be arraigned until they were available.

At this point, Jacob agreed to withdraw some of the charges.

Based on this, Faji entered a plea of �not guilty� for the Kiva Corporation(second accused) and Gava Corporation(third) accused.

When the issue of bail came up, Jacobs said he was served the motion around 1pm on Wednesday. He added that the defence team raised some facts and allegations which needed time to study.

But Igbinedion�s lawyer, Oyeyipo, said there was nothing contentious in the affidavits attached to his client�s application for bail.

Jacobs said he would file his counter-affidavit on Monday and send an advanced copy to the defence same day. But Oyeyipo said his written address would be ready on Tuesday.

Both counsel agreed to file their written addresses and serve the advance copy by February 1, 2008.

Oyeyipo thereafter prayed the court to remand his client in the custody of the EFCC, a proposition the prosecution lawyer did not object to.

In the 147-count charge against the former governor, he was alleged to have stolen and stashed N2.9bn in his personal accounts.

The charge sheet signed by Isa Bature Gafai of the Legal and Prosecution Unit of the EFCC listed 23 persons, including seven police officers, who would give evidence and tender exhibits against Igbinedion.

The charge sheet reads in part, �That you, Lucky Nosakhare Igbinedion, on or about July 17, 2003 within the jurisdiction of this honourable court, did transfer N110m into your personal account at Guaranty Trust Bank.

�The sum formed part of the funds illegally withdrawn from the account of the Edo State Government and which you know represented the proceed of crime with the aim of concealing the nature of the proceed of the said crime and you thereby committed an offence punishable under Section 14(1) of the Money Laundering (Prohibition) Act, 2003.

�That you Lucky Igbinedion and Kiva Corporation limited on or about May 17, 2007 within the jurisdiction of this honourable court, did collaborate with each other to conceal the genuine origin of the N70m which formed part of the funds illegally withdrawn from the account of the Edo State Government by lodging same into the account of Kiva Corporation Limited with Intercontinental Bank Plc.

�You knew the sum represented the proceed of crime and you thereby committed an offence punishable under section 14 (1) of the Money Laundering (Prohibition) Act, 2004.�

Commenting outside the courtroom, Jacobs said he agreed to allow Igbinedion to be kept in the custody of the EFCC because it had better facilities.

He explained that Oyeyipo had approached him over the issue.

On why Igbinedion was given such a privilege, he said that the facts of his case were different.