THE principal partner of St Francis Xavier Solicitors and Advocate, Mr Osuagwu Ugochukwu, has condemned the withdrawal of corruption charges by the Economic and Financial Crimes Commission (EFCC), against former US Vice-President, Dick Cheney, over his alleged involvement in the $180 million Halliburton bribery scam, saying that the act was a breach of the rule of law.

Osuagwu, in a letter to the Chairman of EFCC, Mrs Farida Waziri, dated December 22, 2010 and made available to the Nigerian Tribune, called on the commission to have a rethink on the matter and follow the path of the rule of law.

The letter reads thus: “We watched you on Channels TV on December 16, 2010 while receiving the new US Ambassador to Nigeria, Mr Terrence McCulley, wherein you stated among other things that the $180 million Halliburton bribe criminal charge has been “settled out of court” and that a fine of $250 million was imposed by your commission in concert with the AGF office on the accused persons.

“We know as a point of law that once a criminal charge has been filed in a competent court, issue of penalty of fine is for the courts to impose and not parties. Hence, we are shocked to hear that EFCC imposed a fine on an accused person. We also know as a point of law that criminal matters cannot be settled out of court as in civil matters in Nigeria. What is permissible here is plea bargaining or compounding of offences under Section 14(2) EFCC (Establishment) Act, 2004.”

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