Diezani’s bribe: Court reject EFCC plea bargain with INEC officials

The Federal High Court in Lagos yesterday refused a plea bargain agreement reached by the Economic and Financial Crimes Commission (EFCC) and a convicted official of the Independent National Electoral Commission (INEC), Christian Nwosu.

Nwosu pleaded guilty to receiving N30 million bribe from former Petroleum Minister Mrs. Diezani Alison-Madueke to rig the 2015 general election results.

EFCC arraigned him, Yisa Adedoyin and Tijani Bashir before Justice Mohammed Idris. They allegedly collected N264.88 million bribe on March 27, 2015 from the minister ahead of the election.

Nwosu pleaded guilty to the charge and was convicted for the offence of receiving N30 million bribe. Mrs. Alison-Madueke, said to be at large, was named in the charge. Prosecution counsel Mr. Rotimi Oyedepo said Nwosu opted for plea bargain.

The EFCC lawyer said Nwosu refunded N5 million and surrendered title document of a landed property he bought for N25 million in Delta State. Justice Idris had convicted Nwosu following his guilty plea and adjourned to yesterday for sentencing.

The judge, however, said after going through the plea bargain agreement, he found that it was not commensurate with the offence as specified on the Money Laundering Act. “A heavier sentence is more appropriate in the circumstances of this case,” he said.

EFCC agreed with Nwosu that he would forfeit a landed property measuring 100ft by 80 at Okotomi Layout, Obodogwugwu Quarters, Okpanam in Oshimili North in Delta State, which was acquired with the bribe money.

It was also agreed that he would also forfeit another landed property measuring 100ft by 50 in the same location which Nwosu acquired and developed with proceeds of the unlawful act.

EFCC also proposed that N5 million recovered from Nwosu, being part of the bribe, be forfeited to the Federal Government.

The agreement reads in part: “That a fine in the sum of N500,000 is proposed to this court to be imposed on the first defendant upon his conviction on count seven of the amended charge.

“That the first defendant shall within seven days after the payment of the fine imposed by this court enter into a bond with the EFCC never to be involved in economic and financial crimes within and outside the shores of this Federal Republic of Nigeria.”

Justice Idris said the agreement was not commensurate with punishment for the offence, which is two years’ imprisonment or a fine of N10 million or both.

The judge said Section 270 (4(a) (b) of the ACJA provides that the plea bargain ought to be “within the appropriate range of punishment stipulated for the offence or a plea of guilty by the defendant to the offence charged or a lesser offence… “ and for “an appropriate sentence to be imposed by the court.”

“It appears to me that by the above provision of the ACJA, under a plea bargain agreement, the appropriate sentence to be recommended should be within the appropriate range of punishment for the offence charged,” the judge said.

He said Section 16 (2) (b) of the Money Laundering Act provides that a person who commits an offence punishable by the section is liable upon conviction for a term of not less than two years or a fine not less than N10 million, or as the case may be, a term of not less than three years or a fine of N10 million or both in the case of individual or N25 million for a body corporate.

He said the prosecution and the defendant ought to propose a punishment within the range of the punishment stipulated in the law. He adjourned until May 3 for Nwosu to consider his options.