The decision of the former Publicity Secretary of the Peoples Democratic Party (PDP), Olisa Metuh to return to the Economic and Financial Crimes Commission the N400 million he allegedly received from ex National Security Adviser, Sambo Dasuki might not be enough to kill his trial in court.
Metuh is being prosecuted by the the EFCC at the Federal High Court in Abuja for receiving N400 million from the $2.1bn arms funds allegedly diverted by the former NSA’s office to other purposes aside from buying arms to fight insurgency.
On the revelation that Metuh wants to return the said money to the anti-graft agency and squash his trial, Professor Itse Sagay has revealed that the laws of the land cannot allow such.
Speaking with Punch newspaper on Thursday, Sagay said once a criminal case has been presented to court and the defendant wants to go into negotiations, there must be some form of punishment.
Sagay explained that the idea of a plea bargain was to save the state time and resources that would hitherto be spent on trials over a long period of time that would still not yield a conviction of the culprits.
He further explained that plea bargain should come in when the prosecuting team is not sure of success and the defence makes an offer to be charged with a lesser offence and punished or sanctioned for that offence.
Furthermore, the defendant can also be given lesser punishment than would normally be accrued in the full course of trial if conviction is made.
“So, the point I want to make is that once a case has been taken to court, there can be no negotiation of return of money without punishment. That is impossible and can never happen because if that happens, then it is breach of the law.”
“It would have been a different thing if the man had not been charged and maybe he was being interrogated and he quickly brought out the money during investigations. He can return the money and negotiate his way out although morally, it should not be but it is not illegal.”
