DEVELOPMENT OF PLEA BARGAINING IN THE ADMINISTRATION ...

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88 NIALS Journal of Law and Development and Okoli’s case to reduce the original charges against them from 91 to 16. 81 The most recent incident of the practice of plea bargain under the EFCC Act is the trial of the former Governor of Bayelsa State. Ironically, the officials of the EFCC have consistently denied the existence of any plea bargaining with any of the accused persons. 82 The present writer shares the view that plea bargain is a welcome development in Nigeria, nevertheless we must exercise caution in the application and practice of plea bargain in the context of corruption cases in Nigeria. A situation where plea bargain is arranged between the EFCC and politicians charged with corruption is not healthy for our democracy that is striving to survive. The application of plea bargain to corruption cases in Nigeria has been criticized by prominent Nigerians. The practice has been criticized in the following words: The reading of it is that it will make people feel ‘If I can steal the whole money from Nigeria and I can use it to my own advantage left, right and centre, once I can get into this plea bargain, I will be set free.’ It is something that is not just morally right. It is something that will induce corruption. This corruption is endemic. If you have stolen, let it be taken by due process, in accordance with the rule of law. Let those who are found guilty serve their terms. What is the essence of someone arrested, tried, convicted, sentenced and at the end of it you release him on plea bargain?...It is akin to a situation whereby you are caught by a policeman and he 81. Kotefe, K.: “242m Scam: Nwude, Okoli Bag 22 Years Respectively”, Punch Newspaper, November 19, 2005 at p. 1. 82. See Adeshina, A.: “EFCC Breached Pact with Bayelsa – Abayomi”, Punch Newspaper, December 19, 2005 at p. 5.
Development of Plea Bargaining in The Administration of Criminal Justice in Nigeria : A revolution, Vaccination Against Punishment or mere Expediency? says if you give me money I will release you. It is part and parcel of corruption. It is still part of extortion. The way I look at it is that I frown at the whole idea...It will make a mockery of the entire process of dealing with corruption. The rule of law is clear. Those who are found guilty of any crime committed within Nigeria should be duly and adequately punished through the due process of law. None is above the law. 83 The most recent manifestation of plea bargaining was experienced in the trial of Cecilia Ibru, the former Chief Executive Officer and Managing Director of Oceanic Bank. Mrs Ibru was arraigned by the Economic and Financial Crimes Commission in Court on the 31 st day of August, 2009 on a 25- count charge, all bothering on corrupt practices in office. The charge was subsequently reduced to three and this cannot be unconnected with plea bargaining. Consequent upon plea bargaining between the EFCC and Ibru, the latter decided to plead guilty to the said amended three-count charge of alleged abuse of office and mismanagement of depositor’s funds levelled against her by the former. 83. See Odebude, N. & Makind, F.: “Plea Bargain is Corruption – Bola Ajibola”: Punch Newspaper, 5th August 2007. In the Alamieyesagha case, the accused pleaded guilty consequent upon a plea bargain between him and EFCC. The charges against him were reduced to six and he was convicted for two years. He subsequently forfeited his loot. There are however others who are not opposed to the practice of plea bargain but are of the view that asking those who have corruptly enriched themselves with public funds to return only a part of the loot is wrong. Olu Falae who was a former Secretary to the Federal Government under Gen Ibrahim Babangida is of the opinion that the corrupt leaders must be forced to return all their loots. Dr. Tunji Abayomi shares the view of Olu Falae and has cautioned that plea bargain should not be used to shield some influential people from facing justice. 89
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