Contrary to what was widely assumed, the Federal Government may not be
entertaining the idea of plea bargain deals for some of the suspects
found complicit in the alleged diversion of $2.1 billion meant for arms
purchase.
The government has expressed its intention to recover every looted fund,
owing to the fact that plea bargains often times allows looters get
away with stolen public assets.
Abubakar Malami, the Attorney General of the Federation and
Minister of Justice, revealed to Vanguard over the weekend, that the era
of plea bargains is over in Nigeria.
The minister was quoted to have said that the looters of arms
procurement funds would be made to return their embezzled loot and also
taken to trial for their crimes.
”Let me just make it clear to all that under the present administration,
it is no longer business-as-usual. As at today, a lot of measures are
being put in place to recover the loot which a few privileged Nigerians
stole and stashed away.
“It is an article of obligation under the law of the Federal Government
of Nigeria to convict the looters and recover the amount traced to each
of them to show the disdain that this government has for corruption and
to serve as a warning signal that nobody is authorised to steal the
commonwealth of Nigerians under any guise.”
Furthermore, Malami was also quoted to have said that the Fifth Schedule
of the Nigerian Constitution allows the government to convict the
accused persons and also take steps to recover their assets.
Article 11 of the 5th Schedule of the Constitution says: “Subject to the
provisions of the Constitution, every public officer shall within three
months after coming into force of this Code of Conduct or immediately
after taking office, and thereafter, (a) at the end of every four years
and (b) at the end of his terms of office, submit to the Code of Conduct
Bureau, a written declaration of all his properties, assets and
liabilities and those of his unmarried children under the age of 18
years.
“Any statement in such declaration that is found to be false by any
authority or person authorised in that behalf to verify it shall be
deemed to be in breach of this Code.
“Any property or assets acquired by a public officer after any
declaration required under this constitution and which is not fairly
attributable to income, gift, or loan approved by this code, shall be
deemed to have been acquired in breach of this code unless the contrary
is proved”.
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