Bill allows DPP to negotiate with graft lords

Suspects facing corruption charges could, in future, avoid jail if they agree to a deal with the Office of the Director of Public Prosecutions (ODPP) that includes owning up to their crimes and surrendering the ill-gotten wealth.

Concerned about the never-ending and often complicated investigations and trials for corruption cases, Nominated Senator Farhiya Ali has drafted a Bill that proposes to grant amnesty to corruption suspects under the concept of deferred prosecution agreements.

Agreements framework

The Anti-Corruption and Economic Crimes (Amendment) Bill, 2021, introduces a concept called deferred prosecutions in which suspects will have to enter into the deal with the ODPP.

“The deferred prosecution agreements framework is in response to perceived deficiencies in the existing prosecution framework involving economic crimes, which include expensive and complicated investigations and trials for offences of economic crime,” Ms Ali says in the memorandum of objects of the Bill that has granted the DPP immense powers to ensure it succeeds.

The Bill proposes that before criminal proceedings are instituted against any corruption suspect, the ODPP should invite that person into negotiations for the purpose of entering into a deferred prosecution agreement.

However, the Bill insists that the ODPP should take that option only if it is convinced the public interest would be served if the parties enter into the agreement.

A deferred prosecution agreement shall contain a charge or draft charge prepared by the ODPP relating to the alleged crime, a statement of facts relating to the crime, which may include admissions made by the suspect that enters into the agreement, and the rights and obligations of the parties to the agreement

The Bill provides that suspects will only benefit from deferred prosecution if, among other things, they surrender all private assets they acquired using stolen funds, pay interest on the stolen money, compensate victims of their alleged crimes, besides accepting to pay the ODPP a financial penalty.

Comparable to the fine

The amount of any penalty agreed to between the ODPP and the suspect shall be comparable to the fine that a court would have imposed on the suspect on conviction for the alleged offence following a guilty plea.

Before filing a case against any suspect, the ODPP has been granted powers to invite that person into negotiations for the purpose of entering into a deferred prosecution agreement, which will only be effected with High Court approval.

“The High Court judge must be convinced that the deferred prosecution agreement is in the interests of justice and that the terms of the agreement are fair, reasonable and proportionate,” Ms Ali says.