Money Laundering: Court Convicts, Fines INEC Official N10m
Justice Mohammed Idris of the Federal High Court in Lagos Wednesday convicted and imposed a fined of N10 million on an official of the Independent National Electoral Commission (INEC), Yisa Olarenwaju Adedoyin, accused of accepting bribe of N70,050 million from former Minister of Petroleum Resources, Mrs. Diezani Allison-Madueke. Justice Idris handed down the verdict after adopting a plea bargain arrangement made between the Economic and Financial Crimes Commission (EFCC) and the convict, stating that it complied with the Section 270 of the Administration of Criminal Justice Act (ACJA).
Adedoyin, who had earlier pleaded not guilty to the money laundering charge when they were first arraigned in April, changed his mind and entered into the plea bargain arrangement with the EFCC.
According to the plea bargain arrangement presented to the court on Wednesday, Adedoyin opted to forfeit to the Federal Government a parcel of land at Taoreed Road, Buda-Osho Village, Kwara State, which was acquired and developed with the sum of N23 million from the proceed of the convict’s unlawful acts, and also pay a fine of N10m.
Ruling on the plea bargain, Justice Idris noted that “Five million naira has been recovered from the convict and surrendered to the EFCC and assets attached in excess of N30m have also been recovered.
“It is not in contention that the 2nd defendant is a first-time offender; therefore, the court will tamper justice with mercy. It is in this light that I find the plea agreement entered into between the Federal government of Nigeria and the second defendant acceptable.”
However, another INEC officials, Christian Nwosu, who had earlier pleaded guilty and convicted of taking N30m bribe to compromise the 2015 general elections, on Wednesday abandoned the plea bargain arrangement he entered into with the EFCC.
It will be recalled that the anti-graft agency had Nwosu; Olanrewaju Adedoyin, and Tijani Inda Bashir on a seven count charge of conspiracy, gratification, money laundering, and making cash payment exceeding the amount authorized by law without going through financial institutions.
The EFCC had claimed in the charge that the three INEC Officials alongside Mrs. Alison-Madueke on March 27, 2015, conspired among themselves to directly take possession of total sum of N500, 760 million, which formed parts of proceeds of unlawful act.
The third accused person, Tijani Inda Bashir was said to have taken possession of the sum of N164, 880 million, which form parts of the proceeds of unlawful act, as gratification.
While the two other accused persons, Yisa Olanrewaju and Christian Nwosu were alleged to have received the sum of N70, 050 million and N30 million respectively from Tijani Inda Bashir, without going through financial institutions.
The offences according to the EFCC counsel, Rotimi Oyedepo, are contrary to sections 18(a), 15(2)(d), 1(a) 16(d) of the Money Laundering (Prohibition) (Amendment) Act, 2012, and punishable under sections 15(3) 16(2)(b) of the same Act.
It would be recalled that at the last sitting of the court, Justice Idris had rejected an earlier plea bargain arrangement reached by the EFCC on the ground that it fall short of the law under which the defendant was arraigned.
The judge had clearly maintained that the plea bargain arrangement cannot save the convict from serving a stiffer sentence.
The judge then stated Nwosu was at liberty to rescind his decision on the plea bargain.
In response, Nwosu’s lawyer, Mrs. Adaku Mbana, asked for an adjournment to enable her client weigh his options, saying, “We are, right now, between the deep blue sea and the devil of N10m fine and two-year imprisonment.”
Based on the development, Justice Idris had then adjourned till May 3.
At the resumed hearing of the matter on Wednesday, Nwosu appeared in court with a new lawyer, Obinna Okereke, who said his client was withdrawing from the plea bargain arrangement.
Okereke accused the EFCC of not being sincere with his client, saying he was cajoled into the plea bargain agreement.
Based on the change of plea by Nwosu, the prosecutor, Rotimi Oyedepo presented an amended charge before the court and asked that the case file be sent to the Chief Judge of the Federal High Court for re-assignment to another judge.
The lawyer cited the provision of the Administration of Criminal Justice Act that stipulated that a judge who had rejected a plea bargain arrangement could no longer preside over the case.
However, Nwosu’s counsel, Okereke, submitted that the court needed not be in a hurry to return the case file to the Chief Judge for reassignment.
The lawyer argued that his client could not be said to have truly entered into any plea bargain agreement with the EFCC because he was ill advised by the anti-graft agency and was denied the liberty of hiring a counsel of his choice.
He insisted that what was more pressing was for the court to entertain Nwosu’s bail application because he had been in the EFCC custody for over a month.
After listening to the lawyers, Justice Idris adjourned the matter till May 15 for them to further address him on the issue of transferring the case file to the Chief Judge.
