Davidson Iriekpen and Funso Muraina
27 July 2007
Lagos — Many former governors, who are currently standing trial for abuse of office and embezzlement, may enter into a deal with the Economic and Financial Crimes Commission (EFCC) in order to regain their freedom within a "reasonable time frame".
THISDAY confirmed yesterday that lawyers to some of the governors are trying to exploit the practice in criminal trials for "plea-bargain" with the hope of getting the accused persons to forfeit their loot to the government in exchange for light sentences.
"This will save the time for the prosecution, save enormous resources to be expended on a full trial as well as save the time of the courts," a lawyer told THISDAY yesterday.
The fear of the former governors and their lawyers, THISDAY gathered, is that a full trial may leave the accused persons languishing in custody for years as the case has been with former Chief of Army Staff, Maj. Gen. Ishaya Bamaiyi, former Chief Security Officer to Gen. Sani Abacha, Major Hamza Al-Mustapha, and other accused persons standing trial since 1998 over allegations of murder.
The plea-bargain option was adopted by the former Inspector General of Police, Alhaji Tafa Balogun, who got away with a light sentence after forfeiting money and property worth billions of naira to the government.
The EFCC is said to be "open" to this option because it is within the provisions of the laws of the land and it is practised in many parts of the world.
An EFCC official, who said the commission was aware of such moves, argued that the trend of justice globally is that of "correcting" offenders instead of "punishing" them. Demonstration of remorse by offenders, the official said, is acceptable as part of the corrective process.
Section 14 (2) of the Economic and Financial Crimes Commission (Establishment) Act 2004 states: "Subject to the provision of Section 174 of the Constitution of the Federal Republic of Nigeria 1999 (which relates to the power of the Attorney-General of the Feder-ation to institute, continue or discontinue criminal proceedings against any persons in any court of law [nolle prosequi]), the Commission may compound any offence punishable under this Act by accepting such sums of money as it thinks fit, not exceeding the amount of the maximum fine to which that person would have been liable if he had been convicted of that offence."
This, said the official, empowers the commission to accept plea-bargain. Although this is bound to generate public outcry as this may be seen as "a slap of the wrist" and a "soft landing" that may encourage other public officers to steal and then "plea-bargain", the commission appears ready to do a deal over the trials.
Alamieyeseigha
Indications that this may be the new thinking in the trials emerged yesterday as a Federal High Court in Lagos yesterday sentenced former Bayelsa State Governor, Chief Diepreye Alamieyeseigha, to 12 years in prison on a six-count charge of fraud and false declaration of assets.
The court, presided over by Justice Mohammed Shuaib, handed down a two-year imprisonment term on each of the six-count charge, adding that the terms will run concurrently and from the day of his first arrest. This means that Alamieyeseigha may be released any moment from now, having been in detention since December 9, 2005 when he was arrested.
The judge, in his ruling, after the counsel had prayed the court to be lenient in its sentence said, "I have listened to counsel of the accused. The court will take into account the plea of counsel. The accused person is sentenced to two years imprisonment on each of the count charge. It shall run concurrently".
The court also ordered the forfeiture of Alamieyeseigha's property at V&A Waterfront, Cape Town, South Africa; one situated at 2, Marscibit Street, Ishaku Rabiu Estate, Off Aminu Kano Crescent, Wuse II, Abuja; property at 34, Amazon Street, Maitama, Abuja, N1 billion worth of shares in former Bond Bank; $160,000 in account number 005482562491 with an American bank; and N105million in account number 2010062850006 with former Bond Bank.
The former governor, after pleading guilty to the charge and before being sentenced, had said, when asked by the court if he had anything to say, that he had gone through the shadow of death.
He said, "I have been through this journey since January 15, 2005. I was brought into the country by the British government. I was kept with mad people. I was bleeding. The British people brought me here and what Obasanjo (former President Olusegun Obasanjo) could do was to send a battalion of army to take over the State Government House in Bayelsa . Within this time, I have signed the contract of my life five times".
"I am 55 years old. I have lost my wife and children. I have gone through the shadows of death. I am carrying the matter which I am opposed to. If I am a younger man, I would not have pleaded guilty to these charges because I could have defended myself, if I was much younger. This cannot be the case now." Shortly after he was brought to court, six counts, out of the 33 filed against him and some companies allegedly owned by him, were read to him and he pleaded guilty to each of them.
His counsel, Chief Solomon Okpoko (SAN), pleaded with the court that the former governor required medical treatment, which he cannot get as long as he was in detention, praying the court to also take into account that he had spent over two years in detention.
Prosecuting counsel, Rotimi Jacob, who did not oppose the application, however, said it was not the EFCC that brought Alamieyeseigha back to Nigeria, but that the government of the United Arab Emirate (UAE) deported him.
Alamieyeseigha, who was impeached from office in 2005, was first arraigned on December 21, 2005 alongside seven companies believed to be owned by him on a 40- count charge of money laundering, illegal acquisition of property and false assets declaration.
Nnamani
Also yesterday, after about six days of suspense, the EFCC arraigned former governor of Enugu State, Dr. Chimaroke Nnamani, at a Federal High Court in Lagos
Nnamani was brought to court at about 11.18am accompanied by over 20 EFCC officials and armed mobile policemen.
Nnamani, alongside one Sunday Anyaogu and Sylvia Onwubuemeli, was arraigned on a 105-count charge of fraud, conspiracy, concealment and money laundering filed against him. They all pleaded not guilty to all the charges, which took the court registrar more an hour to read.
Nnamani, Anyaogu and Onwubuemeli entered a not-guilty plea on all the charges. Afterwards, their counsel, Mr Rickey Tarfa (SAN) and Chief Chris Uche (SAN), told the court that they had a motion for bail for the accused persons, which they would want to move, but prosecution counsel, Mr Kevin Uzozie, said having just been served with the bail application, he needed time to file a counter application. Consequent upon this, the court adjourned the matter till July 31, 2007.
While the court left where the accused persons should be remanded open, Nnamani opted to be remanded in prison, even though the EFCC wanted them remanded at the commission's detention.
The presiding judge, Justice Peter Olayiwola, granted the accused persons' prayer and ordered that they should be remanded at Ikoyi Prison.
Count one to 81 in the charge sheet bordered on conspiracy, fraud, money laundering and illegal diversion of public funds, while the 82nd count to 105 bordered on properties allegedly acquired with the proceeds of fraud and crime.
Speaking with newsmen after the arraignment, Nnamani, who was looking well, relaxed and humorous, said what he went through was not new.
"It is a sacrifice we must all must made for the country and democracy. Our forefathers made the same sacrifice," the former governor said.
The other accused persons, which are companies allegedly owned by Nnamani are Rainbownet Nig Ltd, Hillgate Nig Ltd, Cosmos FM, Capitalcity Automobile (Nig) Ltd, Rena-issance University Teaching Hospital, Renaissance University and MEA MATER Elizabeth High School.
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