Oops! Bribing Nigeria for Cheney’s Freedom Not Legal

A lawyer in Nigeria has reminded the country’s anti-corruption watchdog that the recent deal buying Cheney’s freedom for $35 million is not legal.

In a letter to Nigeria’s anti-corruption watchdog, Osuagwu Ugochukwu, a prominent lawyer in Abuja, said the withdrawal of charges against Cheney was a breach of the law.

“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,” he wrote. “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.”

And a newspaper editorial makes the fairly obvious point that if corporations can keep buying the freedom of its executives, then those executives will never have an incentive to follow the law.

The risk of solving one criminal act through the plea bargain option amounts to a mere slap on the wrist and subtly telling the guilty firm and its personnel to “go and sin no more”. It does not paint a good image for Nigeria, especially in the world’s corrupt nations index where we are currently featuring notoriously.

We therefore condemn in strong terms this kind of under the table settlement. The same thing happened in the Siemens bribery scam, and this is making Nigeria look like a country where money can buy justice. More importantly, the Halliburton case questions the seriousness of government in holding corrupt foreign firms and their officials accountable for their action, while on the other hand encouraging and patronizing companies that have not only confessed corrupt practices, but are not known to respect wholesome business ethics.

Only a painstaking trial and possible conviction, if found guilty, would have forced Halliburton to change its corrupt ways of doing business in Nigeria.

But Nigeria’s anti-corruption watchdog, in response to Ugochukwu, pointed out that such plea bargains are standard in countries like the UK and US.

And, without addressing the move’s legality, the head of the anti-corruption watchdog agency defended the move, saying that it is a “best world practice” used in more developed countries.

“The US and the UK governments are practicing it. Where you cannot successfully sustain a charge in court and you want to recover, then instead of losing the case, losing the money, then you opt for plea bargaining,” Farida Waziri, head of the watchdog agency, said,

Of course, the US got an even bigger bribe from KBR — $402 million — to dismiss these charges, without even having to threaten Cheney with jail time. So I guess Nigeria is left only to aspire to the “best world practice” of getting bigger bribes from corporations guarding the freedom of their executives.

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54 replies
  1. BoxTurtle says:

    But Nigeria’s anti-corruption watchdog, in response to Ugochukwu, pointed out that such plea bargains are standard in countries like the UK and US.

    Holding our legal system up as a shining example is not the defense it used to be.

    Boxturtle (bets that Nigeria takes a page from ObamaLLP and declares it a matter of national security)

    • Kassandra says:

      And it well may be, America is unsheathed now and everybody better toe the line. We have most of the nukes so we’re still the big dog in the neighborhood.
      Unfortunately, nukes are just about ALL we’ve got.
      Of course, Nigeria is not known for it’s shining examples of protecting their citizen’s right either. I’m sure the $$4 will come in handy

  2. socks says:

    The point is, standard practice in developed countries does not make it a just practice.

    When America was a weak, 3rd class country, its founders made every effort to also make it a just society.

    Nigeria now has the choice as to how it intends to govern.

  3. PeasantParty says:

    I would love nothing better than to have Cheney dragged over by interpol and placed in the slammer. We know that won’t happen, but I do appreciate the reach for justice.

    • onitgoes says:

      One can dream, though, can’t one? Nothing I would LOVE to see more than dickless cheeeeeney doing a perp walk in an orange jump suit & shackled hand & foot.

  4. allan says:

    So I guess Nigeria is left only to aspire to the “best world practice” of getting bigger bribes

    In a hollowed-out manufacturing economy, is this what “Six Sigma” has come to mean?

  5. papau says:

    “plea bargains are standard in countries like the UK and US”

    LOL – sadly

    Our third world status – along with the Brits – as to the rich being above the law – is just about established

    • onitgoes says:

      Indeed. More and more, I feel that the USA IS presently & currently a third world banana dictatorship. It’s just that some of the citizens still have “just enough” to cling onto some semblance of middle-class status. As the boomers begin to dwindle, Gen X, Y, Z (whatever) are going to find it harder and harder to maintain middle-class status… and so on.

      Unless or until a significant minority of the population actually *wakes up* to this fact and starts to demand change, the steady decline will continue apace. I definitely for sure see that most citizens are in complete total denial about the reality currently slapping us upside the head.

      • Kassandra says:

        America in Decline: Why Germans Think We’re Insane

        We really need some news from abroad. Other countries know more about our situation than we do. We’re still frantically clinging to “it can’t happen here” or “change you can believe in”…’course we now know Obama only meant that for the bankers/rich:

        “During a meeting with progressive bloggers, Obama was asked to defend his administration’s failure to stem the foreclosure tide. The president’s worry, he said, was that his anti-foreclosure program might accidentally help people who didn’t deserve it. “The biggest challenge is how do you make sure that you are helping those who really deserve help, and, if they get some temporary help, can get back on their feet,” Obama said, specifically adding that he didn’t want the effort to assist “people who through no fault of their own just can’t afford their house anymore because of the change in housing values or their incomes don’t support it.”

        Yeah, but that’s not working either ,is it Mr. Obama? Your foreclosure program virtually ensures that people will lose their homes, whether they are “deserving” or not

        Must be nice to be Solomon, deciding which half of the baby belongs to which womon. Solomon, Obama is NOT.
        Some days, practically all I feel like doing is cussing a blue streak.

        • onitgoes says:

          Thanks for the link to the article about the insanity of America, as seen from Europe. That article reveals the factual reality of the moral, ethical and spiritual bankruptcy of our nation, which has been taken over by facist greed-heads out to turn this nation into a third world banana republic for their own sociopathic ends.

          That the US populace is so willing to *freak out* over whether a few people “get something they don’t deserve,” rather than focus on the grave injustice wrought upon us by Wall Street, the banks, the Hedgefunders, et al (and led by subservient and bought off politicians & hacks at every level of the fed govt) merely highlights the tragedy of our situation.

          It’s ridiculous. Who cares if someone “undeserving” gets “something” from the alleged foreclosure fixes? It’s the same *nonsense* that conservatives (of course, imo, Obama is a hard-right NeoCon) rabbit on about wringing their hands and whining about some alleged people who game the system to get Food Stamps when they don’t need them.

          Seriously???? Who cares. Of course, there will always be slackers who take advantage of govt programs, but the amount that do is so small as to be laughable, esp in comparision to the massively gargantuan rip-off of taxpayers by the aforementioned Wall Streeters/banks/hedgefunders, etc. Yet I personally have yet to hear one conservative bitch about the elites ripping us all off… not once! Says a lot.

          Rant off….

  6. Kassandra says:

    “But Nigeria’s anti-corruption watchdog, in response to Ugochukwu, pointed out that such plea bargains are standard in countries like the UK and US.”
    Nothing like using the standards of the most corrupt countries in the world as an example to look forward to, is there?

    • watajob says:

      “Sniff” They grow up so fast! Next thing ya’know, their “supreme court” will start legislating from the bench!

  7. bobschacht says:

    Well, so much for American Exceptionalism. I guess our Exceptionalism is now based on the size of the bribes that our corporations can pay, rather than on any exceptionally honorable system of justice.

    Bob in AZ/MI

  8. Ymhotep says:

    I have no problem beating up the corrupt polotical regime in Nigeria. But isn’t it our own Justice Department, and perhaps the World Court, who should be attacked daily for not lifting a finger to bring the world’s criminals, like Cheney and Bush, to justice? Peace

    • BoxTurtle says:

      Halliburton already bribed plea-bargained a settlement here in the USA. We got a lot more out of Halliburton than Nigeria did, perhaps that’s what their anti-corruption watchdog is angry about.

      Boxturtle (Besides, the DOJ is not even allowed to MENTION Cheney’s name in any offical capacity)

    • perris says:

      and there is the real question, of course we know the real answer as well;

      the answer, sadly is obvious;

      obama is cheney’s lap dog

      • BoxTurtle says:

        obama is cheney’s lap dog

        With Tony Blair out of the picture, perhaps Dick got lonely and decided it was time for a new pet.

        Kidding aside, I don’t think lapdog is the proper term. Obama is doing these things not to benefit Dick, but to benefit Obama.

        Assume Obama allows the DoJ to bring a case, any case, against a former Bush offical for acts in office. All his “bipartsianship” in congress evaporates, Fox news goes ballistic, and he has to spend time explaining how it isn’t political while his “agenda” languishes. Better to just let Dick walk, and hide behind the settlement.

        Boxturtle (The proper word might be “coward”)

    • Ymhotep says:

      Yes. But so what? How would one go about proving that a bribe has taken place? A little pad in the contract price there and some fancy expense report items over here and just like that it’s all the cost of doing legal business. Peace

        • Ymhotep says:

          You will not see a payout that even looks like a bribe anywhere on anyone’s books. Some $10 billion US dollars went ‘missing’ in Iraq. That money was shipped on pallets in newly minted $100 dollar bills (you go Federal Reserve Bank), rebundled in bubblewrap packets of $100,000 dollars each and handed out in the streets. Go ahead trace that ‘lost’ money. I dare you. Peace

          • ThingsComeUndone says:

            Shareholders can demand an independent audit nobody hides %35 Million in a public company without worries of tax fraud. An off the books account is shareholders money shareholders should want to know how much more off the books cash Hal has because its their money.

            • Ymhotep says:

              ENRON got away with lots of stuff for many, many years. I suppose it all depends on whether or not the government is aiding and abetting in a corporations illegal actions? Peace

  9. ThingsComeUndone says:

    The WH Press Corps never asks the WH why Obama’s Justice Dept is not going after this case? Just how bought off are they its almost like Dick can shoot a guy in the face and never get charged with anything.

    • BoxTurtle says:

      First, they know they won’t get any kind of an informative answer. Second, any news agency that asks a question like that will lose all their access to the Unnamed White House Sources, anonymous senior administration officals, and military officers speaking not for attribution.

      Boxturtle (They might lose their white house parking spaces as well)

    • Ymhotep says:

      There is the top 10% (the oligarchy). Then there are the rest of us peons. How the system functions for the top 10% is not how the system functions for the rest of us. Peace

    • Clothodi says:

      How cynical of you. As Bernie Madoff could tell you even the rich can get in trouble stealing from people richer or more powerful than themselves. It’s only the bottom 95% of the population that they can do anything they want too with complete immunity.

  10. Margaret says:

    A lawyer in Nigeria has reminded the country’s anti-corruption watchdog that the recent deal buying Cheney’s freedom for $35 million is not legal.

    Oops. Guess that’ll mean more bribes…this time to the judiciary.

    • perris says:

      oohhh,,,it might be the shake down pyramid!

      that would be nice, i wonder how long it would take for haliburton to cut the strings

      • BoxTurtle says:

        Given the amount of money that Dick’s connections are making for Halliburton, my bet is they look at the additional settlement cost as chickenhawkfeed and put it down as the cost of doing business.

        Boxturtle (And then deduct it as such on their taxes)

  11. Ymhotep says:

    Cheney, Bush, Obama….they all work for the oligarchy. Not for “we the people.” And therein lies the problem. The solution is obvious. P{eace

  12. Mary says:

    The question I’ve been waiting to see asked/answered is one to the DOJ re: how it is that there are numerous articles that refer to Halliburton negotiating with a Swiss account that the DOJ froze – – so how did Halliburton get the authority to do that?

  13. Mary says:

    OT, but I do see where Obama apparently is getting good at that recess appointment thingy, now that Dawn Johnston isn’t around to ask for one.

    He puts in James Cole as his DAG. A great guy to help coordinate corporations to engage in crime with the Exec branch and skate off happily with nothing but bonuses to show for it all. Obama – stillputtingthepeeinYippee

  14. Mary says:

    You know, the irony of the Nigerian prosecutor citing to international law standards to override his nation’s law, all to let Cheney and Halliburton give him 35 mill above the table while Holder and the TX USA slip him 130 mill from the DOJ frozen Swiss account below the table – it’s pretty up there on the scale.

    @24 – there has been a case being fairly quietly pursued in TX. They let everyone but Stanley pretty much walk and have been bending over backwards to keep him out of prison for now. Kind of like how Abramoff was supposedly turnin over so much good and great info that they kept him from having to report for real sentencing forever. That turned out so well. Anyway – that’a partly how they can insure no one else goes after Cheney, they grabbed the case first and have structured it so it ends up with nothing more than fines and Nigeria gets cut off at the knees and a pittance by comparison.

    @23 – he’s very much a DOJ team player – but who is it that sets those DOJ agendas these day …

    That’s pretty much the worst of what Obama has done, isn’t it? He made sure he got lots and lots of hope in his grasp before he closed his fist. His admin so far has reminded me of nothing as much as one of those bird hunts, where they take the caged birds in massed groups and open the doors for them on a beautiful day, while a bunch of “sportsmen” with no standards, no skill, no patience and no needs stand around to slaughter them.

  15. nailheadtom says:

    That darned Cheney, a professional politician his whole depraved life, was the CEO of evil Halliburton from 1995 until 2000 and managed to create all that criminality in just five years and ten years later they’re getting around to looking in to it? What’s up with that? If they don’t hurry up, his bum ticker will switch off and they’ll have to incarcerate his embalmed body.

  16. timbo says:

    The weird claim by the Nigerian authorities that somehow because something is done in the US or UK that that makes the same sort of behaviour legal in contravention to Nigerian domestic law needs to be explored more firmly by Nigeria’s legal system. Sounds like they’re trying to accept a bribe and don’t care whether it is legal or not…

    This, unfortunately, seems to be how the US and UK seem to be furthering their modern idea of “how the law works now”.

  17. Alan8 says:

    Another sign of corporate fascism displacing democracy; the laws are no longer enforced against the rich and powerful.

    This is a bipartisan effort; if you vote for either of the two corporate parties, then YOU ARE PART OF THE PROBLEM!

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