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Igbinedion gets easy plea-bargain: no jail time, keeps billions in stolen funds, keeps vast properties

December 30, 2008

What is certain to become the new gold standard for setting free all corrupt former governors earlier charged with graft was established today in Enugu, where the Economic and Financial Crimes Commission (EFCC) entered into a "plea bargain" agreement with the former governor of Edo State, Lucky Igbinedion.


Mr. Igbinedion was charged with stealing up to N4.4 billion.  But in the ruling given by a judge at the Federal High Court in Enugu, Mr. Igbinedion was fined only a paltry N3.5 million, with no option of jail time for the egregious crimes of looting the Edo State treasury for over 8 years.

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In addition to the fine, Mr. Igbinedion would lose three properties to the Federal government. SaharaReporters had previously reported that a plea bargain was in the works, and that Mr. Igbinedion had struck a private deal with Mrs. Farida Waziri, the controversial EFCC chairperson, at the residence of her friend, Mrs. Matilda Kwashi in Abuja.
 
After SaharaReporters exposed the deal last week, Mrs. Waziri, through spokesman Femi Babafemi cried that there was a ‘plot’ to destroy the Yar'Adua regime by bringing down the EFCC leadership.  He stated that this had to do with certain decisions to be taken by the EFCC.  The outcry was aimed at forestalling embarrassment and public reaction to the corrupt plea bargain with Lucky Igbinedion would bring upon her poorly-managed agency.

Despite the advance report by SaharaReporters, but to further prepare the ground for today's deal, Mrs. Waziri, who manages a well-oiled and funded public relations machinery, went a step further to distribute cheques to families of a "Stock Exchange Fraud" worth N430 million. The truth is that the investigations to return the money to the families of the victims were already concluded by EFCC officials of the Nuhu Ribadu-led EFCC as far back as 2006.  Ibrahim Magu, the former head of the Economic Governance Team started the investigations that were concluded before Yar'adua forcefully took over the EFCC.  Magu was then transferred out of the agency and detained by the Inspector General of Police for weeks before a kangaroo panel of the IG suspended him from the Nigerian police.

By the plea bargain granted Mr. Igbinedion today, Mrs. Waziri has shamelessly gone full circle against her initial stance that it is wrong.  In a press statement issued by Mr. Babafemi in announcing the arrest of Cement merchant, Mr. Cletus Ibeto, Babafemi wrote:  "Also yesterday, Chairman of the commission, Mrs Farida Waziri, expressed opposition to plea-bargain strategy being used by the anti-corruption agency, saying it is wrong, and unhelpful in the crusade against  corruption in Nigeria."

But the plea bargain offered Mr. Igbinedion is of the most illegal and dangerous variety, since according the EFCC act, a plea bargain option ought to follow conviction, but the Igbinedion offer violates this provision of the law. It will be recalled that in cases where the EFCC had engaged in plea bargain with past offenders, notably former IG Tafa Balogun and DSP Alamieyeseigha, they were made to lose all the properties and funds they were accused of stealing.

In Mr. Igbinedion's case, the first high profile plea bargain overseen by Mrs. Waziri, he is permitted to keep his N4.4 billion loot (which amounts to a federal award) and his famous multi-million dollar Abuja home which he was allowed to pass off as belonging to “daddy,” whereas funds directly stolen from state coffers were classified as security votes which he didn't need to account for, parties involved in the deal said.

As expect, Mrs. Waziri is jittery about the exposé that will follow this deal, especially after SaharaReporters carefully documented the Mercedes Benz bribe she accepted two weeks ago by the governor of Akwa Ibom state, Mr. Godswill Akpabio.

The agency spokesperson is expected to issue a statement restating Mrs. Waziri “opposition” to plea-bargaining by claiming the EFCC will "appeal" the ruling it freely entered into. Today’s deal opens a huge can of works as other former governors charged for stealing now have a precedence for negotiating similar deals.  

Analysts say the deal means, in effect, that even those governors in office today can steal as much as they wish, confident that when the time comes, they can offer kobo coin plea bargains for every million Naira the steal.  They further say that the implication is that a lot of funds will be awarded these thieves who would then go further not only to lead a life of conspicuous consumption, but to complicate politics in Nigeria.  

It is expected that Mr. Igbinedion will serve as a consultant to other corrupt governors as they take advantage of a weak EFCC to sneak to freedom, easy wealth, and political affluence.  

OUR LAST STORY RELATING TO THIS SCAM

Corrupt Governors’ bonanza: EFCC to abandon “trial” plans, offer scandalous plea deals


Last View on Thu 18th December, 2008
Last Modified on Mon 15th December, 2008 10:07:11 am
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Posted by Admin Sahara
SaharaReporters, New York

Nigeria’s famous corrupt governors, beginning with Edo State’s Lucky Igbinedion, have a big Christmas bonanza coming to them, courtesy of the Chairman of the Economic and Financial Crimes Commission, Mrs. Farida Waziri.  They will receive a plea deal that will enable them to avoid prosecution, enjoy their freedom, and keep most of what they stole while in office.  

To begin with, sources say the EFCC leadership has "accepted" to withdraw charges against the former Governor of Edo State, Lucky Igbinedion.   Mr. Igbinedion was accused of stealing N4.4 billion from the coffers of Edo State between 1999 and 2007.  When his immunity expired, the EFCC declared him wanted and was subsequently arrested after returning to Nigeria from an overseas trip.

The deal, which is being brokered by the chairman of the Police Service Commission, Parry Osayande, will enable Igbinedion to walk away with his vast properties, including palatial houses in Nigeria, the UK, USA, South Africa and Canada.  And he will avoid jail time and be free to return to his lifestyle of leisure, travel and parties.  

A source at the EFCC told SaharaReporters that the Mrs. Waziri wants to use the "plea bargain" with Igbinedion to test the waters before employing the same tactic to free all of the former governors facing trial.  The source said Mrs. Waziri does not plan to try any more former governors because she has compromised herself sufficiently irreparably at their hands.

As expected some EFCC officials are kicking against the plea deal with Igbinedion.  Some of them who spoke to SaharaReporters anonymously at the weekend said that Mr. Igbinedion was the person who made the proposal to the EFCC.  They said that Mr. Igbinedion’s proposal, described by an analyst as a “slap on the wrist for a slap in the face of the people of Edo State,” includes paying a N250 million—a fraction of his loot—over 10 years, and forfeiting one of his smaller houses in Benin City.  

It would be recalled that in the cases of former governor DSP Alamaieyeseigha, EFCC prosecutors made him forfeit all his properties in Nigeria and the UK, and the same applied to former Inspector General of Police, Tafa Balogun.  

But under Mrs. Waziri's plea deal, Mr. Igbinedion will retain all of his properties and an additional N4.1 billion including his properties all over the world.  Apart from the N4.4 billion naira directly pilfered from Edo State, Mr. Igbinedion and his Delta State counterpart, James Ibori had converted funds belonging to Delta and Edo states (which formerly made up Bendel State), to purchase shares from Nigerian AFRIBANK.  

Although the EFCC forced the two governors to return the shares to the coffers of their respective States, SaharaReporters has learnt that the Delta State government did not properly convert the shares back.  Attempts at finding out what became of the shares have been stalled by the current chairman of Afribank, Osa Osunde, a well known front for Mr. Igbinedion.

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