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Tag: Plea Bargain

  • Petitioner faults plea bargain offer for killer-suspects

    Petitioner faults plea bargain offer for killer-suspects

    A petitioner, Oluwatosin Onamade, has faulted the approval of a plea bargain deal by the Attorney-General of Lagos State Lawal Pedro (SAN) for suspects who allegedly killed his assistant.

    The suspects are Atunrase Omolabi (28), Shittu Olawale (28), Olaide Opeifa (40), Olanrewaju Adebiyi (35) and Jamiu Omosanya.

    The prosecution said they killed Ifeanyi Godfrey Etunmuse at Western Funeral Home, Ijede Ikorodu, owned by Onamade, a chieftain of the All Progressives Congress (APC) in Ijede LCDA, on April 16, 2021, ahead of the council election in which Onamade contested for Ijede chairman.

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    Witnesses had testified before Justice Hakeem Oshodi of Lagos State High Court, and CCTV recording of how the suspects attacked the petitioner’s office and murdered Ifeanyi, who was Onamade personal assistant, was viewed in court.

    There was a twist to the trial when the prosecution approved a plea bargain for the suspects.

    Prosecuting counsel, Michael Adewoye, stated that the A-G approved a 20-year imprisonment for all the defendants.

    Onamade faulted the approval, saying a murder charge attracts life imprisonment or a death sentence according to law.

    “They want to give them 20 years for all the seven charges, including murder,” he said.

    It was learnt that the defence counsel brought the plea bargain application, which is allowed under sections 75 & 76 of the Administration of Criminal Justice Law.

  • Ex-Air Chief in plea bargain talks over alleged N21b diversion

    Ex-Air Chief in plea bargain talks over alleged N21b diversion

    A FORMER Chief of Air Staff, Air Marshal Adesola Amosu, yesterday told the Federal High Court in Lagos that he was holding plea bargain talks with the Economic and Financial Crimes Commission (EFCC).

    An investigation officer, Tosin Owobo, had earlier testified that Amosu and two other former air chiefs allegedly diverted N21billion to their personal accounts from the Nigeria Air Force (NAF).

    He said they diverted the sum through several companies, which they personally incorporated, none of which had any transaction or contract with NAF.

    Owobo was testifying in the trial of Amosu, former NAF Chief of Accounts and Budgeting Air Vice Marshal Jacob Adigun and a former Director of Finance and Budget, Air Commodore Olugbenga Gbadebo.

    They were arraigned before Justice Mohammed Idris but pleaded not guilty. An initial plea bargain talks with EFCC broke down after they reportedly refunded about N2 billion to the Federal Government.

    EFCC accused them of converting N21billion from NAF through various companies, namely Delfina Oil and Gas Ltd, Mcallan Oil and Gas Ltd, Hebron Housing and Properties Company Ltd, Trapezites BDC, Fonds and Pricey Ltd, Deegee Oil and Gas Ltd, Timsegg Investment Ltd and Solomon Health Care Ltd.

    Yesterday, EFCC’s lawyer Nnaemeka Omewa told the court that the defence team was in talks with the commission towards reaching a plea bargain agreement.

    “My lord, the defence team met with the prosecution and has proposed terms of settlement. We are still on it, but we are also ready to go on with the trial of the accused persons,” Omewa said.

    Amosu’s lawyer Chief Bolaji Ayorinde (SAN) confirmed that talks were ongoing, but he sought an adjournment to allow parties conclude with discussions.

    Owobo had testified that N5.9 billion was transferred from NAF accounts to Delfina Oil and Gas.

    He said once the money was converted to dollars, it would be handed over to Gbadebo, who took it to Adigun, who in turn took it to Amosu.

    Owobo told the court that Adigun owns Hebron Housing and Properties, which also received fund transfers from NAF despite not rendering any service to it.

    According to him, all the accounts had a single accounts officer, Mrs. Funke Osinsanmi, at the bank where they were domiciled.

    He said a developer, Babatunde Omolehin of Canon Projects, told EFCC investigators that he met Adigun, who informed him that he owned Hebron Housing and Properties.

    He (Omolehin) subsequently received N1.4 billion from Adigun to develop some properties for him.

    Owobo said the properties include 40A Bourdillion Road, Ikoyi, which is of 300 square meters; 12 blocks of flats in Parkview Estate and another 12 blocks of flats in Victoria Island.

    “The properties were not purchased in the name of NAF but by Adigun. He also purchased the properties in Abuja,” he said.

    Owobo said over N600 million was transferred to a company, Right Option Oil and Gas, for the purchase of two properties in the United Kingdom through Adigun’s brother.

    According to him, the company, in turn, transferred about $3 million to UK for the properties and that they were not bought in NAF’s name.

    Justice Idris adjourned till March 7 for report on progress of the plea bargain talks.

  • Nigerians react to Plea Bargain to fight corruption

    Some Nigerians have expressed their views about the use of Plea Bargain to fight corruption in the country.

    Among them were Legal experts who spoke with the News Agency of Nigeria on Wednesday in Abuja, saying that Plea Bargain remained an option in the country’s legal jurisprudence to reclaim governments’ stolen funds and property.

    They urged relevant authorities to perfect the act in order to reduce spending on prosecution of cases of corruption.

    On the widespread assertion that the system often aborted justice, the legal experts said plea bargain provided room for government to recover part of looted funds that could have been totally lost.

    Jubrin Okutepa (SAN) said his position before now was that plea bargain in the manner it was being operated was subject to abuse.

    Okotepa said there were now defined guidelines and parameter on how people could observe plea bargain and its consequences as put up by the Presidential Advisory Committee Against Corruption (PACAC).

    The PACAC was set up to scale up advocacy against corruption in private sectors and professional associations as part of efforts to fight corruption.

    Okutepa said looking at the guidelines set up by the committee, it would work if there was a will power on the part of the state to push it through and also a will power on their part not to defeat the guidelines by not granting state pardon to the looters.

    He called on states to put in place sufficient funds and technological materials that would nip in the bud some of the scientifically organised crimes in terms of money laundering and other corruption related offences.

    He condemned the general saying that the plea bargain was a slap on the judiciary.

    “Let me correct an impression; judiciary is not a prosecutor, it is not investigator but the judiciary only acts on the cases brought before it.

    “So, if the states are serious about fighting corruption then the investigative apparatus must be strengthened, it must not use investigation as a source of income.

    Chief Mike Ozekhome (SAN) said plea bargain would save the government the money to prosecute and also save the accused the harassment of standing trials.

    He said it was a way of saying that “the loot we have traced to your account, concede certain percentage of it to the government and you go with the rest’’.

    “It is better to allow plea bargain to work in our system because a case on such can run for 10 years at the end of which government will lose the case and the looters will smile home with the loot’’.

    Balarabe Musa, former Governor of the old Kaduna State in the second republic, described plea bargain as the height of corruption in the system which made the political leadership even more guilty.

    Musa said in a civilised country a thief was supposed to be prosecuted and if found guilty, he should be punished in accordance with the law, “but unfortunately Nigerians have coined another way to escape punishment’’.

    “Plea bargain is sending a wrong message that everybody is at liberty to steal and once you are caught the worst you can do is to plea bargain with the government or political leadership and in the end you would work away with something substantial.

    “If this is not nipped in the bud it will eventually lead to the destruction of the society.

    Balarabe recalled that the issue of corruption or any leader stealing public funds and getting away with it was not part of the country’s political game during the period of amalgamation till 1965.

    Mr Tunde Aremu, Campaign Manager, Action Aids (Nigeria) said that plea bargain being an option in the fight against corruption was one of the most inappropriate ways to fight corruption.

    He said treasury looting had led to the death of so many people in the country.

    “When you talk about plea bargain you are telling people that they can steal and there would always be a way out.

    “You are saying people can steal money and come back under certain negotiation, conditions and give government a certain percentage and get away,’’ Aremu said.

    He said the way forward was that anybody that was caught looting the treasury must face the full wrath of the law, and be sent to jail for stealing public funds.

     

  • Ex-NIMASA D-G proposes plea bargain with EFCC

    Ex-NIMASA D-G proposes plea bargain with EFCC

    Nigeria Maritime Administration and Safety Agency (NIMASA) former acting Director-General Haruna Jauro yesterday proposed to enter a plea bargain agreement with the Economic and Financial Crimes Commission (EFCC).

    The commission arraigned him at the Federal High Court in Lagos for alleged N304.1 million fraud.

    Jauro is among four ex-NIMASA chiefs charged with corruption-related offences.

    Others are Patrick Akpobolokemi, Calistus Obi and Temisan Omatseye, who was convicted.

    Obi, ex-NIMASA’s Executive Director, Maritime Labour and Cabotage Service, took over from Akpobolokemi, who is facing five separate fraud charges.

    Obi was relieved of his duties less than a week later and replaced by Jauro, who was Executive Director, Finance and Administration.

    Jauro was charged with Dr. Dauda Bawa and Thlumbau Enterprises Limited on 19 counts of converting N304.1 million belonging to NIMASA.

    EFCC said they conspired on January 6, 2014, to convert N156,477,500 belonging to NIMASA, knowing the money was stolen.

    They also allegedly converted N38,170,000 between June 3 and September 1, 2014, “knowing that the sums were proceeds of stealing, and thereby committed an offence contrary to Section 15 (1) of the Money Laundering (Prohibition) (Amendment) Act, 2012 and punishable  under Section 15(3).”

    EFCC said on May 30 and August 14, 2014, they converted N8,500,000.00, property of NIMASA. The prosecution said they did so “knowing that the sums were proceeds of bribery”.

    The defendants had pleaded not guilty to all counts when they were arraigned, with EFCC opening its case.

    Trial was billed to resume yesterday before Justice Mojisola Olatoregun-Ishola, but defence counsel Babajide Koku (SAN) said his client had begun plea bargain talks with the prosecution.

    He told the judge that the defence took the decision yesterday.

    “It (plea bargain decision) came up this morning. I discussed directly with my learned friend (prosecution counsel) this morning,” Koku said.

    EFCC’s lawyer Rotimi Oyedepo confirmed the development.

    He said: “I confirm the intention of the defence to enter a plea bargain with the prosecution.”

    Justice Mojisola Olatoregun-Ishola urged the parties to reach an agreement without delay.

    “By the time you come back, you would have filed the plea bargain agreement and I would have looked at it and evaluated it,” she said.

    The judge adjourned until November 21.

  • Ex-NIMASA DG proposes plea bargain with EFCC

    Ex-NIMASA DG proposes plea bargain with EFCC

    A former Acting Director-General of the Nigeria Maritime Administration and Safety Agency (NIMASA), Haruna Jauro, Monday proposed to enter a plea bargain agreement with the Economic and Financial Crimes Commission (EFCC).

    The commission arraigned him at the Federal High Court in Lagos for alleged N304.1million fraud.

    Jauro is among four ex-NIMASA chiefs charged with corruption-related offences.

    Others are Patrick Akpobolokemi, Calistus Obi and Temisan Omatseye, who was convicted.

    Obi, ex-NIMASA’s Executive Director, Maritime Labour and Cabotage Service, took over from Akpobolokemi, who is facing five separate fraud charges.

    Obi was relieved of his duties less than a week later, and replaced by Jauro, who was Executive Director, Finance and Administration.

    Jauro was charged with Dr. Dauda Bawa and Thlumbau Enterprises Limited on 19 counts of converting N304.1 million belonging to NIMASA.

    EFCC said they conspired on January 6, 2014, to convert N156, 477,500 belonging to NIMASA, knowing the money was stolen.

    They also allegedly converted N38, 170,000 between June 3 and September 1, 2014, “knowing that the sums were proceeds of stealing, and thereby committed an offence contrary to Section 15 (1) of the Money Laundering (Prohibition) (Amendment) Act, 2012 and punishable under Section 15(3).”

    EFCC said on May 30 and August 14, 2014, they converted N8, 500,000.00, property of NIMASA. The prosecution said they did so “knowing that the sums were proceeds of bribery”.

    The defendants had pleaded not guilty to all counts when they were arraigned, with EFCC opening its case.

    Trial was billed to resume Monday before Justice Mojisola Olatoregun-Ishola, but defence counsel Babajide Koku (SAN) said his client had begun plea bargain talks with the prosecution.

    He told the judge that the defence took the decision Monday.

    “It (plea bargain decision) came up this morning. I discussed directly with my learned friend (prosecution counsel) this morning,” Koku said.

    EFCC’s lawyer Rotimi Oyedepo confirmed the development.

    He said: “I confirm the intention of the defence to enter a plea bargain with the prosecution.”

    Justice Mojisola Olatoregun-Ishola urged the parties to reach an agreement without delay.

    “By the time you come back, you would have filed the plea bargain agreement and I would have looked at it and evaluated it,” she said.

    The judge adjourned until November 21.

  • N21b: Ex-Air Force chief, others in plea bargain

    N21b: Ex-Air Force chief, others in plea bargain

    The Federal High Court in Lagos yesterday heard that a former Chief of Air Staff, Air Marshal Adesola Amosu (rtd), charged with laundering N21billion, may plead guilty to the offence.

    He and 10 others said they were negotiating a plea bargain with the Economic and Financial Crimes Commission (EFCC).

    The defendants opposed a bid by EFCC’s lawyer Rotimi Oyedepo to begin their trial.

    They sought for more time to conclude the plea bargain.

    A plea bargain, according to Wikipedia, is any agreement in a criminal case between the prosecutor and the defendant whereby the defendant agrees to plead guilty to a particular charge in return for some concession from the prosecutor.

    EFCC arraigned Amosu along with a former Chief of Accounts and Budgeting at the Nigeria Air Force, Air Vice Marshal Jacob Adigun and a former Director of Finance and Budget, Air Commodore Olugbenga Gbadebo.

    Companies arraigned with them are Delfina Oil and Gas Ltd, Mcallan Oil And Gas Ltd, Hebron Housing and Properties Company Ltd, Trapezites BDC, Fonds and Pricey Ltd, Deegee Oil and Gas Ltd, Timsegg Investment Ltd and Solomon Health Care Ltd.

    EFCC accused them of converting N21billion from the Nigeria Air Force around March 5, 2014 in Lagos.

    They were also accused of concealing “proceeds of crime”, an offence contrary to Section 18(a) of the Money Laundering (Prohibition) (Amendment) Act, 2012 and punishable  under Section 17(a).

    Arguing his bail application before Justice Mohammed Idris after Amosu’s arraignment in June, his lawyer Chief Bolaji Ayorinde (SAN) said his client had returned “collossal sums”.

    “He (Amosu) has remitted colossal sums of money to the Federal Government, although not in admittance of guilt, but out of cooperation with security agencies,” the Senior Advocate said.

    It was learnt from a source that Amosu first returned N2.6billion to the Federal Government through the EFCC, which did not confirm this yesterday.

    Oyedepo said he was ready to open the prosecution’s case against the defendants, adding that he brought two witnesses who would testify.

    The lawyer added that EFCC had served a proof of evidence on the defendants.

    But, Ayorinde said the matter was adjourned for mention, therefore, trial could not proceed.

    Another defence counsel, Norrison Quakers (SAN), added that the defendants were still discussing a plea bargain with the commission.

    Justice Idris adjourned until October 20, 21 and 24 for trial.

     

     

  • Buhari should consider plea bargain for looters – Akinlaja

    Buhari should consider plea bargain for looters – Akinlaja

    A legal practitioner, Mr. Dayo Akinlaja SAN at the weekend advised President Muhammadu Buhari’s administration to consider plea-bargain being contemplated by treasury looter and their cronies.

    The lawyer said considering plea-bargain would not only save the government from wasting resources on the prosecution of suspects but would also be of a great benefit to the members of the public.

    Akinlaja, who was a former Attorney-General and Commissioner of Justice of Ekiti State, spoke with reporters in Akure, the Ondo State Capital.

    Akinlaja explained that the reality of Nigerian judicial system was that it suffers from re-ordinate delay, stressing that the government should strategise on quick ways of recovering money from looters rather than spending more times in court.

    His words, “On the issue of plea bargain, my position is that, it is useful in the area of recovery of looted funds. The reality of our judicial system is that it suffers from reordinate delay. With this, it is takes a long time for matters to be concluded.

    “Even in the final analysis it is possible to recover money through criminal proceeding because of the length of time, I think it will be a welcome development.

    “To my mind, the reason for plea bargain is for money to be recovered quickly.

    “For instance, somebody is accused of stolen huge amount, the law says the person should be sentence to seven years imprisonment. We can say, if you are prepare to return this money that you are alleged to have stolen, we may say, return money and serve six months so that at least that will serve as measure of deterrent.

    “What am saying is that where the gravity of the situation demands that the person should be jailed, such a person should be jailed, even it means reducing the length of time he or she will be spending in the jail.

    ” So, the person think that criminal proceeding will be handing on his neck for years and in the final analysis he may still be found guilty even when he is not even find guilty, the time that he would have wasted in going in and out of court and when these things are taking into consideration even the person accused may say let me make the refund.

    “In that case the society would have recovered money in a good time; lesser resources will be committed to the criminals’ proceedings.

    “Whatever we like it or not, the lawyers who are prosecuting and others involved are bound to be financially service.

    “So in a way the plea bargain may be beneficial to the country and even to reduction of resources. I don’t think sending people to jail is the solution after all, after they are sent to jail, they will still be using the resources of the nation to feed them there.

    “To my mind what is of greater importance is the recovering of the money. If plea bargain system would allow for money to be recovered I will support it.”

  • Mixed reactions trail decision to avoid plea-bargain with treasury looters

    Mixed reactions trail decision to avoid plea-bargain with treasury looters

    Lawyers yesterday expressed mixed feelings  at the Federal Government’s decision not to consider plea-bargain being contemplated by treasury looters and their cronies.

    Attorney General of the Federation Mallam Abubakar Malami had declared that the Federal Government was more interested in recovering  public funds stolen by top politicians and their cronies under the guise of arms purchase.

    The government said such plea-bargain only allowed looters to go away with stolen public assets.

    Speaking with NAN in Abuja, a lawyer, Mr Silas Onu, said government’s stand was in order because plea-bargain was unconstitutional.

    “Plea-bargain is not in Nigerian laws and so the refusal of the government to subscribe to it is not misplaced; government is strictly following the laws.

    “If you remember, the former Chief Justice of the Federation, Justice Dahiru Musdapher, spoke about the illegality of plea-bargain.

    “EFCC just invented a legal proceeding that is not known to our laws; and the way we even apply it in Nigeria is not as it should be.

    “Plea-bargain has been used in Nigeria as pardon for criminality; but plea-bargain shouldn’t be like that.

    “It should be as is operated in America, where it  earns you a reduction in punishment; it shouldn’t set you free,’’ Onu said.

    But Mrs Uche Asiobi, a lawyer, stated that plea-bargain should be considered if it would be to the benefit of the public.

    “I think sometimes you have to lose something to win something.

    “I agree that it is hard, particularly when you are thinking of the economy and what has happened.

    “You will think that these people should pay the full penalty, but if you take that angle, you might not get the full justice you require.

    “So, if you realise that you will gain more through plea-bargain, it is better to apply it and recover more funds.

    “Remember that even with plea-bargain the reputation of these people is already tarnished.

    “So, plea-bargain should be used if the public will benefit from it instead of just one individual pocketing the loot,’’ Asiobi said.

    Another lawyer, Ms Grace Ehusani, thinks that although the Federal Government would prefer to uphold justice, applying plea-bargain would encourage more treasury looters to confess.

    “When you provide an opportunity for people to confess and admit to their crimes knowing that because they confessed, the punishment will be lighter, they will be more willing to come to an agreement with the government,’’ she said.

  • Plea bargain: Supreme Court Justice calls for cautions

    Justice Nwali Sylvester Ngwuta (JSC) last week  at the Sir Louis Mbanefo Bar Centre Onitsha, Anambra State  called for the equitable application of plea bargain in the country.

    He spoke at the 60th birthday  of the Anambra State Chief Judge, Justice Peter Nnanna C. Umeadi.

    Justice Ngwuta, who was the Chairman of the event, noted that everybody is equal before the law and if two or more people  commit the same offence, they should receive the same punishment under the law.

    He said: “Let us apply plea bargain across board, so that the rich and the poor will benefit from it. A situation where two people commit the same offence but get different judgements is not good, equitable and just.”

    He called on those who condemn court judgments to read the judgments first before discussing them.

    He called on lawyers to stop filing frivolous applications that waste the time of the courts and other litigants.

    Justice Ngwuta praised Anambra State Governor, Willie M. Obiano, for granting independence to the Judiciary in Anambra.

    He said: ‘’The Judiciary in Anambra State is truly independent. The other day I saw the Anambra State Chief Judge handing over the keys of brand new cars to the Chief Registrar.”

    He said the Judiciary is very important in every country, and that the politicians come and go, but the Judiciary is always there and if it is not, that is the end of the road.

    He called on the various governments to keep the Judiciary going because without  the Judiciary, there would be chaos, adding: ‘’all governments in the country should make sure that the infrastructure needed by the Judiciary is there. In football, the best is in the field but in the Judiciary, the best is on the Bench.”

    He commended the celebrator, Justice Umeadi for his contributions to the Judiciary both nationally and in the state.

    In her letter to Justice Umeadi, the Presiding Justice of the Court of Appeal, Enugu Division, Justice  H. M. Ogunwimuju (JCA) said: “Those who search beyond the natural limits will retain good hearing and clear vision, their bodies will remain light and strong and although they grow old in years,  they will remain able-bodied and flourishing, and those who are able bodied can govern.

    “ Your immense contributions to the legal profession both at the State and national level make you a formidable standard bearer to be emulated by others.”

    It was, indeed, a great day for Anambra CJ as his colleagues from both within and outside the state came to celebrate with him and his achievements in the state Judiciary.

    “In the Judiciary, we render services in the name of God to humanity.  It is not for making money, but if you need money, leave the Bench and go to the politicians.

  • What Plea Bargain is all about

    What Plea Bargain is all about

    The Black’s Law Dictionary defines a plea bargain as the process whereby the accused and the prosecutor in a criminal case work out a mutually satisfactory disposition of the case subject to court approval.

    It usually involves the defendant’s pleading guilty to a lesser offense or to only one or some of the counts of a multi-count indictment in return for a lighter sentence than that possible for the graver charge.

    There are three different kinds of plea bargain. The Charge Bargain is where a prosecutor allows the accused to plead guilty to a lesser charge or to only some of the charges that have been filed against him or her. This typically occurs or is negotiated at the pre-trial phase. If a bargain is struck after the beginning of trial, then the prosecutor will withdraw the charges and re-arraign the accused.

    A Sentence Bargain is offered when the defendant is told in advance what the sentence will be if he or she pleads guilty.

    The Fact Bargain involves the defendant admitting to certain facts (admission of truth or existence of provable fact, thereby eliminating the need for the prosecutor to have to prove them) in return for agreement not to introduce certain facts into evidence. The Fact Bargain can sometimes be possible but is not the usual practice.

    A plea bargain allows both parties to avoid a lengthy criminal trial and may allow criminal defendants to avoid the risk of conviction at trial on a more serious charge. For example, a criminal defendant charged with a felony theft charge, the conviction of which would require imprisonment in state prison, may be offered the opportunity to plead guilty to a misdemeanor theft charge, which may not carry jail time.