The Economic and Financial Crimes Commission (EFCC) has turned down a funny offer made by a former Chief of Air Staff, Air Marshal Mohammed Umar to settle out of court. The anti-graft agency said that it would prefer instead a plea bargain. And it wants the plea bargain to come with at least a light sentence by the court to serve as deterrent.
But as a start, the EFCC wants Umar to refund all the funds traced to him, including the forfeiture of choice properties to the Federal Republic of Nigeria.
However, the EFCC says it is still awaiting a formal offer from Umar and said it will go ahead with his prosecution until it gets to a convenient point for the two parties to reach a deal.
The ex-Chief of Air Staff, Air Marshal Mohammed Dikko Umar, who is on trial for alleged N7.8billion fraud, had, through his lawyer, Hassan Liman (SAN), informed the court on Tuesday that he desires an out-of-court settlement.
However, a top EFCC source told The Nation in confidence that it was technically wrong for Umar to seek an out-of-court settlement.
The source said: “We are aware of plans by the ex-Chief of Air Staff for an out-of-court settlement, but as a commission, we will go for plea bargain if he is ready to return all the cash credited or traced to him.
“When you talk of an out-of-court settlement, it is as if there is a civil disagreement between the EFCC and the ex-Chief of Air Staff.
“What we have at hand is a criminal matter. The accused person must first of all admit that he committed the offence. So far, by the court records, the ex-Chief of Staff said he is not guilty of all the allegations against him.
“Let him do the needful and thereafter, he can initiate a plea bargain option which we will consider on merit.
“A key component of the plea bargain which can be acceptable to the EFCC is the readiness of the ex-Chief of Air Staff to refund all the funds credited or traced to him in cash or in terms of assets.
“Even if the plea bargain will carry a lighter sentence to serve as a deterrent to others, we prefer it than an out-of-court settlement.”
The source added: “We are yet to receive the details of proposals. As we await his full offers, we will continue with the trial until we are able to agree on the conditions for a plea bargain.”
The former Chief of Air Staff, Air Marshal Mohammed Dikko Umar is facing trial at a Federal High Court in Abuja on seven charges which are in violation of Section 15(2)(b) of the Money Laundering Prohibition Act 2011, as amended.
He is accused of diverting funds from the accounts of the Nigerian Air Force(NAF) to purchase six choice properties in Abuja, Kano and Kaduna states.
The offences are said to have been committed between September 2010 and December 2012.
The EFCC say Umar transferred N66 million into the Stanbic IBTC account No. 9202077424 belonging to Capital Law office from NAF operations account domiciled at UBA Plc, for the renovation/improvement of a house at 1853, Deng Xiao Ping Street, Off Mahathir Mohammed Street, Asokoro Extension, Abuja.
The anti-graft agency also allege that the ex-Chief of Staff used the dollar equivalent of N500 million, withdrawn from NAF account, to buy a four-bedroom duplex with boys’ quarters at Road 3B, Street 2, Mabushi Ministers Hill, Abuja.
He bought another N250 million property at 14, Audu Bako Way, G.R.A. Kano State with NAF funds.
cpcnews.org 