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Plea bargain unfair in criminal justice system – Group

A Non Governmental Organisation (NGO), CLEEN Foundation, has lamented the unfairness of plea bargain and its implementation process in the country.
Mr Peter Maduoma, Ag. Executive Director of the organisation, spoke during a media parley with newsmen at the CLEEN Foundation Hall, Innocent Chukwuma House, Ojodu, Ikeja on Wednesday.
Maduoma said that it had become necessary for that section of plea bargain, as contained in the Administration of Criminal Justice Law (ACJL), to be amended and changed for proper justice to be delivered accordingly.
“The plea bargain is very unfair and it is one of the weaknesses I see in the ACJL.
“A situation where somebody has stolen N50 billion and then, through plea bargain, is ordered to pay a certain amount and then after that, the matter is settled.
“This is very unfair and I will like the media to continue to publicise and write on the unfairness of that section of the law until it is amended and changed.
“A law cannot be cast in stone; So, we need to continue to improve on it but that aspect of the ACJL has not yielded much benefit to anybody,” the director said.
Maduoma said that the plea bargain was mostly exploited by security agencies and especially politically exposed people, who after embezzling money, settle to pay back a meagre amount as settlement.
“Thereafter, all charges will be dropped against them; however, what that money would have done and the lives that had been affected negatively by such act, is not replicable.
“Once a crime is committed, it beholds on the state to ensure that justice is served.
“However, what we have clearly happening is that at the point of investigation, they quickly introduce plea bargaining as alternative to that person going through the justice route.
“So, once this happens, it offers that person some level of safe guard and that safe guard means that he no longer gets to be entirely processed through the court”.
Hashim said that plea bargain was actually not being implemented in the actual sense as the law had stipulated it.
He said that no matter what the plea bargain arrangements were, it was actually made to be an arrangement that offered a speedier process for justice to be served.
“But they cut off the aspect that borders around punishment and at the end of the day, make it a win-win for both the perpetrator and the state.
“This is actually the consequence for the poor nature of conceiving the law and how we have also implemented it,” Hashim said.
(NAN)
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Keyamo Makes Compassionate Moves in Aviation Sector, Announces Release of Emmanson, Reduction of Kwam 1’s Ban

The Minister of Aviation, Festus Keyamo, has announced a series of decisions regarding recent unruly passenger incidents at Nigerian airports. After consulting with stakeholders, Keyamo has decided to withdraw a criminal complaint against Ms. Comfort Emmanson, who was involved in an altercation with Ibom Air staff.
The complaint against Ms. Emmanson will be withdrawn, and she is expected to be released from Kirikiri Prisons.
The Airline Operators of Nigeria (AON) has agreed to lift the lifelong flying ban imposed on Ms. Emmanson.
The flight ban for musician Kwam 1 (Wasiu Ayinde Marshall) will be reduced to one month.
Kwam 1 is expected to be engaged as an ambassador for proper airport security protocol by the Federal Airports Authority of Nigeria (FAAN).
The Nigerian Civil Aviation Authority (NCAA) will restore the licenses of ValueJet pilots Captain Oluranti Ogoyi and First Officer Ivan Oloba after a one-month ban.
Minister’s Statement on X: Formerly Twitter
Keyamo stated that the decisions were made after reviewing the incidents and consulting with stakeholders.
He emphasized that safety and security in the aviation sector will be taken seriously, but also showed compassion in the cases of Emmanson and Kwam.
Keyamo had previously criticized Kwam 1’s behavior as “totally unacceptable” and likened it to a hostage situation
A retreat will be held next week to retrain aviation security personnel on handling errant passengers and de-escalating potentially explosive situations.
Airlines will also hold a session to focus on staff conduct and attitude towards passengers ².
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Court awards N5m in damages against Ecobank for account restriction

The Court of Appeal sitting in Owerri has delivered a landmark judgment affirming that Ecobank Nigeria Limited acted unlawfully in restricting a customer’s account without a court order.
It described the bank’s actions as a gross violation of customer rights and a breach of fiduciary duty.
The judgment arose from an appeal filed by Ecobank against a decision of the trial court, which had earlier ruled in favour of the Respondent, its customer, and awarded N10 million in general damages.
Justice Ntong Ntong, who delivered the lead judgment, agreed with the lower court’s findings but reduced the damages to N5 million, deeming the original sum excessive in light of the evidence presented.
In resolving the first issue, Justice Ntong emphasised that no bank has the power to freeze or restrict a customer’s account without a valid court order, regardless of internal policies or compliance procedures such as the Central Bank of Nigeria’s Know Your Customer, KYC, regulations.
The court held that while Ecobank claimed it acted under regulatory obligations after a $65,000 cash deposit raised red flags, it failed to demonstrate that such compliance required unilateral restriction of the account.
It cited relevant precedents, including FBN v. DKN Investments Ltd and GTB v. Joshua, to reinforce the principle that banking institutions must operate within the confines of the law, warning against the use of internal policies to override constitutional rights.
On the second issue, the appellate court found that Ecobank had no legal or contractual basis to assert a right of lien over $10,000 in the respondent’s account, which was allegedly owed to a foreign trading partner, Unique International Trading Ltd.
The bank had argued that it restricted the funds to protect itself from potential litigation threatened by the trading firm.
However, the court ruled that Ecobank’s reliance on the threat of legal action by a third party could not justify the exercise of any lien, especially in the absence of any contractual agreement or court order to that effect.
“Self-help has no place in the civilized world,” the court warned, rejecting the bank’s justification as “misconceived and untenable in law.”
On the final issue, it affirmed that Ecobank had breached its duty of care by unlawfully restricting access to the customer’s funds and dishonouring cheques.
However, it found no sufficient evidence to support the customer’s claim of lost business and goodwill due to the restriction.
Accordingly, the appellate court reduced the general damages from N10 million to N5 million, emphasising that while there was a breach warranting compensation, the initial sum was excessive.
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Oyo: Unregistered tanker loaded with 15,000 litres of AGO tumbles in Iseyin

A tanker without a registration number carrying fifteen thousand litres of Automotive Gas Oil (AGO) has tumbled in Iseyin in Oyo State.
Ekwutosblog gathered that the incident occurred at Odo-Igba, Iseyin – Saki Road in Iseyin, on Sunday.
The tanker was said to have lost control whilst on motion, swerved off the road and fell into a nearby ditch.
The accident reportedly caused a traffic gridlock but the Chairman of Oyo State Fire Service, Maroof Akinwande, who confirmed the incident in a statement said normalcy has been restored on the road.
“It was a trailer tanker with unknown registered no loaded with 15,000litres capacity of Automotive Gas Oil (AGO), that lost control whilst on motion and swerved off the road into a nearby ditch.
The firemen quickly swung into action and applied chemical foam compound to neutralize the flammability of the content and prevented it from explosion.
“The normal vehicular movement has been restored back on the road”.
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