Abacha Loot: Son Moves For plea Bargain With EFCC ** May Return A whooping Sum of N 200bn To FG Account ** As EFCC lay Siege By Kenneth Atavti There is strong indication that the embattled son of former military dictator Mohammed Abacha is currently through his lawyers to settle with the Economic and Financial Crimes Commission, EFCC out of court following the supreme court decision that he is to face trial over allegations of theft and embezzlement levelled against him by the Federal Government. A highly placed source at the commission said that the embattled Muhammad Abacha through his counsels are working towards resolving the matter out of court. According to the source, the eldest son of the former military dictator is to remit a. Whooping sum of N200 billion to the Federal Government coffers if the plea bargain arrangement will work. The source further added that the operatives of the EFCC are currently waiting for the directives of the minister of Justice and the Anttorney General of the Federation Mr. Mohammed Bello Adoke (SAN) over the ruling of the apex court. The Supreme Court had dismissed an appeal in which Mohammed Abacha, son of the late Head of State, Gen. Sani Abacha, sought to stop the Federal Government from trying him for allegedly receiving and concealing stolen funds. The apex court ordered him to return to a Federal Capital Territory High Court, where the charges against him were filed, and take his plea. The Federal Government had filed criminal charges containing 123 counts against Mohammed after stolen funds were traced to the family of the late military dictator. The charges bordered on conspiracy, receiving and concealing stolen property, in breach of provisions of the penal code. However, even before taking his plea, Mohammed filed an appeal to challenge the Federal Government’s decision to try him. The Court of Appeal dismissed the appeal, after which Mohammed headed for the Supreme Court. He argued that according to the guidelines set out for the forfeiture of assets in Decree 53 of 1999, it would be unlawful to prosecute him, since the stolen money had been returned to the Federal Government. However, in a unanimous decision, a panel of justices of the Supreme Court dismissed Mohammed’s appeal, clearing the way for the Federal Government to try him. Justice Olukayode Ariwoola held that the suspect should return to the FCT High Court to take his plea. One of the arguments advanced by Mohammed in the appeal was the his father enjoyed immunity while in office, but the court held that, if the late Abacha were to be alive today, he would be liable for prosecution, as his immunity expired when he left office. In his judgment, Justice Suleiman Galadima held that Decree 53 clearly stated that the stolen funds in question, which were acquired through corruption, are to be forfeited to the Federal Government and persons in possession of the funds only had to yield up possession within 14 days or be liable to two years imprisonment for default or refusal to face trial
Posted on: Sun, 02 Feb 2014 18:47:29 +0000