Posted by By GODWIN TSA, Abuja on
Contrary to public criticism against plea bargain, the Economic and Financial Crimes Commission (EFCC) on Wednesday rose in stout defence of the system, saying it has its roots in the nation's statute books.
Contrary to public criticism against plea bargain, the Economic and Financial Crimes Commission (EFCC) on Wednesday rose in stout defence of the system, saying it has its roots in the nation's statute books.
In addition, the anti-graft commission explained that its agreement with ex-governors is not an attempt to shield them from conviction but a way of recovering ill-gotten funds in their custody.
Counsel to the EFCC, Mr Rotimi Jacobs, who spoke on the issue at the premises of the Federal High Court, explained that there was no soft landing for governors who looted the funds of their states as they would serve their various jail terms if convicted of the offences against them.
According to him, "plea bargain is not settlement, strictly speaking it is not even a civil agreement. It is done all over the world. Right now, the United Nations has adopted it and is presently using it to prosecute all world crime cases."
The lawyer, who described criticism of plea bargain as ill-conceived, explained that "it is at the discretion of the Attorney General of the Federation (AGF), the prosecution and the court to reduce the sentence of the accused person, not to eliminate it but reduce it so as to acquire back all that was stolen by the accused person."
Jacobs, who added that the government would profit nothing by keeping the accused person in jail forever, said that conviction would not be placed on the negotiation table as the accused would definitely serve his jail term.
"I repeat that it is a gross misconception for people to insinuate that plea bargain does not exist in our laws. The plea bargain does not eliminate conviction but reduces the jail sentence according to the provision of the law.
"Any country that operates a system that allows for amendment of charges and laws, also allows for the plea bargain. We actually have it in our laws as it is scattered all over our constitution. It allows an accused person to change his plea. You as a prosecutor can amend your charges, and then plea bargain has taken place. Look at Alamieyeseigha, who was convicted for two years. Is that not one of the case? Did he go free? He did not."
While condemning the approach adopted by a sister agency, the National Drug Law Enforcement Agency (NDLEA) in respect of the system, Jacobs said the method was done contrary to the provision of the law.
His words: "I have read the NDLEA Act, and it stipulates that anyone found in possession of dangerous drug would serve a minimum of 15 years and a maximum of 25 years, while if the suspect is caught with the drug at the airport or trying to travel out of the country with it, he is sentenced for life. But what the NDLEA is doing in some recent cases is not in accordance with the law, it is contrary to the law.
"I can't advise anyone to do any plea bargain that is not in accordance with the law, and for the record, all EFCC plea bargains are done in accordance of the law, especially all the ones I have done.
"If you look at the EFCC Act, section (14) (2), you would see that the commission can compound any offence before it goes to court. They can agree with the suspect, who would be told to return all the loot and his punishment will be negotiated, but since the inception of the commission it has not used the provision for anyone."
Speaking extensively on the process of plea bargain, Jacobs said, "plea bargain is done on the full disclosure of all stolen loots by the suspect, when the full disclosure has been made. Then on compassionate grounds the state can now convict on a lesser sentence in order to get its property back.
"The AGF and the prosecution, in accordance with the law, can look for an offence, agree on it and convict the suspect on a lesser offence as provided by the law, but the sentence is at the discretion of the court."
He cited other countries where the system is being practised to include the United States of America (USA).
"America first used plea bargain in 1973 when its vice president was made to resign on the accounts of fraud, but was later convicted of refusal to pay taxes," he said
Jacobs added that the United Kingdom allows suspects, through their counsel, to approach judges and negotiate their plea so as to return the loot they had earlier stolen from the said country. According to him, "of what benefit is it to jail a person for 20 years, while the government takes the burden of maintaining the person, providing security, using state funds, and also congesting the prison?
"All these should be taken into consideration. I believe that the stigma alone of being in prison is enough, it is not a joke."