The Economic and Financial Crimes Commission (EFCC) on
Monday asked Justice Mohammed Idris of the Federal High Court in Lagos to
withdraw from the trial of two Independent National Electoral Commission (INEC)
employees accused of receiving bribe.
Christian Nwosu and Tijani Inda Bashir were accused of
receiving N30million bribe from a former Minister of Petroleum Resources, Mrs.
Diezani Alison-Madueke, to rig the 2015 general election results.
They were arraigned along with Yisa Adedoyin, who pleaded
guilty to receiving cash payment of N70, 050,000.00 from the ex-minister.
Alison-Madueke is also named in the charge, but is said to
be “at large.”
Adedoyin was convicted following a plea bargain with EFCC in
which he agreed to pay a fine of N10million and to forfeit his
illicitly-acquired assets.
Nwosu pleaded guilty at first and entered a plea bargain
with EFCC, but Justice Idris rejected the agreement on the basis that it was
not severe enough.
It was agreed that Nwosu would forfeit the assets he
acquired with the money and pay N500,000 fine.
After rejecting the plea bargain agreement, Justice Idris
gave Nwosu the option of changing his plea to not guilty, or accepting a
heavier sentence, including N10million fine as provided in the law.
When the defendants were re-arraigned, Nwosu changed his
plea to not guilty.
EFCC’s lawyer, Rotimi Oyedepo, said on Monday that based on
Section 270 (15) of the Administration of Criminal Justice Act (ACJA) 2015, the
judge ought to return the case-file for re-assignment.
The section reads: “Where the defendant has been informed of the heavier sentence, the defendant may withdraw from his plea agreement, in which event the trial shall proceed de novo before another presiding judge or magistrate, as the case may be.”
Oyedepo said should the trial continue before Justice Idris,
the judge could later be accused of bias and violating the law.
“I urge my lord to remit the case to the Chief Judge for reassignment to another judge,” the prosecutor said.
But, Nwosu’s lawyer, Victor Opara, said since the judge had
rejected the plea bargain agreement, it amounts to there being no plea bargain.
Besides, he said Nwosu had pleaded not guilty to a “new” charge,
adding that transferring the case to a new judge would be a waste of time.
Opera undertook not to raise the issue of bias at any point
in the proceedings, including on appeal.
Justice Idris adjourned till May 24 for ruling on the
matter.
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The judge MUST wildraw himself from this case, because he has already put fear into the accused person by telling him the final result of the final judgment b/4 they reach there is flabbergasted for a judge to make such comment
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