Justice Mohammed Idris of a Federal High Court sitting in Lagos on Thursday disregarded a plea bargain arrangement, reached by a convicted official of the Independent National Electoral Commission (INEC), Christian Nwosu following money laundering allegations for which he was charged by the Economic and Financial Crimes Commission (EFCC).
Justice specifically pointed out that the plea bargain arrangement cannot save the convict from serving a stiffer sentence.
The judge declared that the provisions of the Administration of Criminal Justice Act (ACJA) stipulates that such a convict deserves a sentence that is more stiffer.
It would be recalled that the anti-graft agency had dragged the immediate past Minister of Petroleum Resources, Diezani Allison-Madueke, alongside three officials of INEC to court over their alleged involvement in money laundering.
But the former Petroleum minister according to the Commission is still at large.
Aside Christian Nwosu, other accused persons are: Yisa Olarenwaju and Tijani Bashir.
Nwosu had pleaded guilty to the charges when he was arraigned while Adedoyin and Bashir pleaded not guilty to the same charges.
The EFCC informed the court concerning a plea bargain agreement between it and Nwosu.
But in handing down his judgement, Justice Idris maintained that “The penalty set out in paragraph 4 of the plea bargain agreement entered into by the accused with the EFCC, ran contrary to the provisions of sections 16 (2) (b) of the ACJA.
“Besides a forfeiture of two landed properties in Delta State, as well as a forfeiture of the sum of N5 million recovered from the accused, paragraph 4 of the plea bargain also provides: that a fine in the sum of N500,000 is proposed to this honourable court, to be imposed on the first defendant upon his conviction on count seven of the amended charge.
“The agreement also provides that within seven days after payment of the fine, the accused shall enter into a bond with the EFCC, never to be involved in economic and financial crimes within and outside Nigeria.
“It appears to me that from the provisions of the ACJA, the appropriate sentence should be given for the offence charged.
“The first defendant was charged with offences contrary to section 16 (1) of the money laundering prohibition amendment act.
“Section 16(2) of the said Act provides that any person who commits an offence under sub section 1, is liable upon conviction, to an imprisonment term of not less than two years or fine in the sum of not less than 10 million or both.
“This provision is clear and unambiguous; it is for the above reason that I find the proposal in paragraph 4 of the plea bargain as inadequate; a sentence in my view is more appropriate given the circumstances of this case.
“The law also provides that the judge informs the accused of such sentence, to enable him make a choice.“
The matter has been adjourned until May 3, 2017 for sentencing.
According to the charge marked FHC/L/106c/2017, the anti-graft agency made an allegation that the INEC officials together with Alison-Madueke on March 27, 2015, conspired among themselves to directly take possession of a total sum to the tune of N500, 760 million, which formed parts of proceeds of unlawful act.
The anti-graft agency pointed accusing fingers at Tijani Inda Bashir for taking possession of a sum to the tune of N164, 880 million, which forms part of the proceeds of unlawful act, as gratification.
On the other hand, Yisa Olanrewaju and Christian Nwosu were said to have gotten the sum of N70, 050 million and N30 million respectively from Tijani Inda Bashir, without going through financial institutions.
Ccounsel to the EFCC, Rotimi Oyedepo told Justice Idris of a development wherein one of the accused, Christian Nwosu, had applied to the Commission for a plea bargain.
Oyedepo added that sequel to the plea barganing agreement dated April 4, 2017, the EFCC has been able to recover a sum to the tune of N30 million in cash and in material.