LAWFUL INJUSTICE

In a place where a Deputy Governor is impeached for rearing chickens and no one would be surprised if another is impeached for having a poor sense of fashion, the decision by our National Assembly to retain the immunity clause for Governors and their Deputies deserves a thunderous round of applause.Our laws have turned into weapons politicians fashion against their enemies and rivals at their meetings and there would be utter chaos if we create room for Governors and their Deputies to be witch hunted while still in office.A lot of things are going to happen after the General Elections in 2015.
So far,we haven't had cause to tag the EFCC the government's 'labour prefect' that whips any recalcitrant child back into line but one should never forget the past easily because its supposed to prepare you for the future.
A lot of us have come to see Politicians witch hunting themselves as a 'Na God Catch them' thing because as far as we are concerned, if there were clean and non-thieving,a majority of Nigerians wouldn't have a football formation feeding pattern, mostly 0-1-0.
Quite sadly,the people who are responsible for the mess we are in are hardly ever punished.The severest of punishment we have seen meted out to corrupt leaders can best be described as nothing but a slap on the wrist.No Governor has ever served a jail sentence for corruption and honestly,I don't see this changing when a lot of them lose immunity next year except a lot changes.
A lot of cases instituted against corrupt politicians haven't made any meaningful progress since inception.I can count cases of more than eight ex-governors that have gone nowhere.It is obvious the system isn't hell bent on fighting corruption.With politicians growing more audacious in the abuse of our laws,its shattering to know that there are provisions in our laws that leave them room to sleep well if ever the anti-graft agency comes calling.
At this juncture,let me introduce the legal "abracadabra" called plea bargain.Simply put,Plea Bargain is an agreement between a prosecutor and an accused person or defendant in a criminal trial to settle the case usually in exchange for concessions on the part of the accused person.He or she gets a lighter sentence in exchange for pleading guilty and in places like the USA where this concept has thrived,the rationale for its application is that amongst other things,it saves the prosecutors' time and by extension the state's as well as resources which would be better utilized in prosecuting graver offences in the quest to ensure justice for all at all times in the society.
The only statute which expressly recognizes plea bargain in Nigeria is the Administration of Criminal justice Law of Lagos State.None other does as at now. But the EFCC In staying true to the 'If there is a will then there is a way' mentality of Nigerians,could capitalize on Section 14(2) of the EFCC Act which allows it to 'Compound' (which means to agree for a consideration) any offence punishable under the Act by accepting any sum of money as it deems fit exceeding the maximum amount to which that person would have been liable if he had been convicted of the offence to allow thieving persons go scot free for peanuts compared to their loot.Politics is a game of no permanent enemies.The President has said publicly he has no problem with Governor Lamido and all it would take is for the Governor to swallow his vomit by supporting him if he runs in 2015 for the EFCC to start to develop the urge of using this Section to back off his Sons.The EFCC has denied using plea bargain on several occasions when criticized and could get off on the grounds that its Act has no express provision for it but the implications of this Section are no different from a plea bargain except of course,the Accused doesn't need to spend time whatsoever in prison or even in court.
The concept of Plea Bargain is an asset to any legal system but in relation to our system,I would agree with the Former Chief Justice of Nigeria,Dahiru Musdapher when he described it as dubious.There have been allegations the EFCC struck deals with ex-Governors Lucky Igbinedion and Diepriye Alamiesiegha in the past though it appealed against a Federal High Court decision to allow the former walk with just a N3.5M fine in what is believed to be about a N44 Billion loot.
The case of Cecelia Ibru,a Former Chief Executive Officer of Oceanic Bank also comes to mind.After agreeing to forfeit 199 assets and funds worth about N190 Billion,she was sentenced to just six months in prison.Most Nigerians were disappointed in the judgment.In society like ours where corruption no longer seems abominable,the only way to curb the menace and deter people is by enforcing maximum punitive measures.I don't think the most persuasive of persons can sell any perceived merits of Section 14(2) of the Act which technically provides for Plea Bargaining but still leaves room for the EFCC to frown against the concept like it has already done.It cannot say it saves time and resources when the entire essence of justice is defeated; forfeiting peanuts compared to money stolen to walk away.And talking about resources,why does the EFCC pay private lawyers to prosecute on its behalf?.I don't see the need  to employ lawyers at all if they can't be called on at all times.
In a system like ours where a President has unlawfully suspended a CBN Governor and has continued to appoint defence chiefs unconstitutionally without the ratification of the Senate amongst other things,we only deceive ourselves when we say the rule of law is supreme.As far as the war against corruption goes,a lot of Nigerians have lost faith in the justice system.It is imperative we put our house in order and start to ensure speedy dispensation of justice.It is hypocritical to say that we are serious about curbing corruption and yet leave windows to be exploited by people with the right contacts on their phone.A lot of people including yours truly are still bitter over the non-prosecution of Stella Oduah.The thieving ex-Aviation minister is out there enjoying her loot.
The petroleum minister who is widely believed to be the most corrupt minister since our return to democracy in 1999 does seem untouchable.If the President still retains her despite her being a political liability then I think if ever she is effectively prosecuted,it has to be by another President because even if she is arraigned, I don't see it not being the usual prosecution that ends nowhere or a deal to forfeit a part of the loot behind the scenes.EFCC in prosecuting corrupt politicians from inception till date has always given us reason to doubt its sincerity.We have learnt to stop jubilating over disclosure of the outcome of investigations and to only rejoice when thieving politicians get what they deserve.Have we celebrated ever since?.