- It will encourage corruption, barefaced stealing of public funds
By Olamilekan Okeowo
Constitional Lawyer and Human Rights Activist., Chief Mike Ozekhome, SAN has described a bill proposing amnesty for treasury looters as A most scandalous and debasing bill, that is highly retrogresive, immoral, obsene and counter productive.
In a statement made available to The New Diplomat, he called for a total, whole hearted rejection of the bill.
“I totally, whole-heartedly and unambiguously reject, with every fibre in me, the proposed bill to give amnesty to treasury looters. The bill is a most scandalous and debasing bill, that is highly retrogresive, immoral, obsene and counter productive. The bill is simply dead on arrival; yes, as dead as dodo.
He however does not agree with those who believed that the bill was sponsored were motivated by corrupt tendencies
“But, I do not agree with those who believe that the proponents of the bill, in proposing it, were simply actuated by malice, corruptible tendencies, or with a view to protecting themselves in, or after office. No. Rather, I believe they were simply encouraged by the clear and extant provisions of section 270 of the Administration of Criminal Justice Act,2015, which already allows for plea bargain.The section clearly provides that the prosecution may enter into a plea bargain with an accused person, either directly or through his representative, before the accused has entered his defence through giving of evidence in court.
A plea bargain allows for the return of part, or the whole of loot or proceeds of crime, by an accused person, in exchange for a lesser punishment, where the prosecution’s case is weak, or where the accused has cooperated with the state and has agreed to make restitution for the victim of the crime, etc.
“This is to avoid unnecessary expenses and waste of time, resources and energy on the part of the state, where securing conviction of the accused person is not guaranteed by the evidence available to the state.
Ozekhome however posited that the embracing of such a bill would amount to legalizing and legitimizing corruption as a fundamental objective and directive principle of state policy,in a most brazen manner.
“I am more inclined to agree with those who believe that a wholesome embrace and enactment of such a bill into a separate Act would amount to totally legalizing and legitimizing corruption as a fundamental objective and directive principle of state policy, in a most brazen manner.
That will be quite dangerous, not only to the already battered image of the country, but also runs against the grain of preservation of national ethos, morals and ethics. Such a law would send the dangerous signals that corruption indeed pays, and that all that a corrupt public officer needs to do is to shamelessly steal the country blind and then quietly return part of the loot, whilst he and his family relax and enjoy the country’s treasury for the remaining part of their wretched and miserable lives.Such a bill will undoubtedly ignite and encourage corruption, barefaced stealing of public funds and daring larceny of our collective national wealth and common patrimony in their naked forms.
