Following a plea bargain agreement, Justice Muhammed Idris of the
Federal High Court in Ikoyi, Lagos, today convicted Yisa Olarenwaju
Adedoyin, an official of the Independent National Electoral Commission
(INEC), for receiving bribe to compromise the 2015 general election.
Following a plea bargain agreement, Justice Muhammed
Idris of the Federal High Court in Ikoyi, Lagos, today convicted Yisa
Olarenwaju Adedoyin, an official of the Independent National Electoral
Commission (INEC), for receiving bribe to compromise the 2015 general
election.
The Economic and Financial Crimes Commission (EFCC) had charged Mr.
Adedoyin for receiving a cash payment of over N70m from Tijani Inda
Bashir, a 3rd defendant in the matter. Mr. Bashir had received N234.88
million from the former Minister of Petroleum Resources, Deizani
Allison-Madueke, for disbursement to his colleagues in the electoral
commission.
Under the terms of the agreement, Mr. Adedoyin forfeits to the
Federal Government of Nigeria a parcel of land measuring 100ft by 100,
in Buda-Osho Village, Ilorin-South Local Government Area of Kwara State,
and pay a fine of N10m.
Reading his judgment, the judge said he accepted the agreement and
that the court would temper justice with mercy considering that the
defendant is an elderly person and also a first offender. He also noted
that the agreement is in consonance with Section 270 of the
Administration of Criminal Justice Acts (ACJA).
“N5 million has been recovered and surrendered,” Justice Idris said.
“Assets attached in excess of N30 million has been recovered by the
Economic and Financial Crimes Commission. It is not in contention that
the 2nd defendant is a first-time offender, therefore the court will
temper 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”.
Meanwhile, Christain Nwosu, an administrative secretary with INEC and
1st defendant in the suit, who had earlier entered into a plea bargain
agreement, abandoned the plea and changed his plea to not guilty.
Nwosu’s new counsel, Obinna Okereke, accused the anti-graft agency of
hoodwinking his client into the earlier plea bargain agreement.
Nwosu had agreed to plea bargain but the process hit problems when
the judge insisted he would impose a heavier fine as stipulated by the
provisions of the law on which the charge was preferred. Nwosu had
agreed to a fine of N500,000 in addition to the N5 million recovered
from him during the course of the investigation, but the judge insisted
that the fine must be N10m, according to Section 16(2)(b) of the ACJA.
Rotimi Oyedepo, representing the EFCC, presented an amended charge to
which Nwosu and Mr. Bashir pleaded not guilty. Oyedepo then asked that
the file be sent to the Chief Judge for reassignment since the
provision of ACJA stipulates that a judge who had heard and rejected a
plea bargain agreement of a defendant cannot preside on the matter
should the defendant decide to change his plea.
Responding to this, Nwosu’s lawyer argued that the court need not be
in a hurry to return the case file to the chief judge for reassignment.
He affirmed that the judge retained jurisdiction in the matter and that
his client could not be held to have entered into any plea bargain as
he was not given the liberty to choose his counsel and he was
ill-advised by the counsel provided by the EFCC.
He urged the court to take the bail application of his client as he had been in the custody of the EFCC for over a month.
Justice Idris adjourned the matter till May 15 for the counsel to
address the court on the issue of transferring the case file to the
chief judge, and also for hearing on the bail application of the 2nd
defendant.
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