HERE IS A LAWYER'S OPINION ON THE BRIBE - COPIED FROM SR.


Mr Odumakin has further thrown light on what had transpired at the meeting and after the meeting with the president. However, I have the following observations to make.

1. I still lay much of the blames on the Bakare group; this may sound surprising for doing this on someone who wanted to play the social reformer. Mr President said you should not go away for he was coming back and you sensed what was going to happen and you ran away! What was the meaning of that? Such an action looked very funny to an average observer. And how did you sense the president was about to offer you a bribe? And if that was the case and you said you did not want to embarrass the president why did you not wait for him to come back with the bribe? If that had happened you had every right and opportunity to reject such a bribe with all the politeness you could offer and, I bet you, nobody would have taken offense at that. In fact Bakare and his group would have stood tallest before the president! That is how an effective social reformer would have acted! Instead the group ran away; that was very childish.

2. And when the Bakare group got to their cars at past midnight they did not see the drivers of the cars! Are we to believe here that the drivers could have strayed far away from their cars in such a security-prone area as the Aso Rock Villa? So the story goes on to say that before the group could leave the premises Orubebe arrived with the bribe. In my view there are still some grey areas in this part of the story.

3. Mr Orubebe insisted that the group should accept the money and the group had to do this because they did not want to create a scene! I wonder what scene the story was referring to. Was it a scene not to embarrass the president which had already happened in paragraph (1) above or a scene of a scuffle between Orubebe and the group? Was Orubebe there with a gun threatening to shoot the group if it did not accept the money?

4. One thing is clear which Pastor Bakare should indeed take the rap for. The pastor is a pastor, a lawyer and social crusader. Barrister Tunde Bakare knows the implications of accepting money he believes was a bribe and whether he intends to return it later is of no consequence here since the group was not a law-enforcement agent posted to catch a criminal in the act. Pastor Tunde Bakare knows that his spiritual calling compels him never to touch bribe money even with a hundred metre pole; and this is true even if he were under threat of death from the offeror.

5. The overall story now states that the group took the money because it did not want to embarrass the president. In the view of the law, this is no defence whatsoever. The elements of the offence have been consummated and members of this group could be arraigned for that.

6. On the other hand, if the group had intended to nail the president, it had failed because the hard evidence has been lost, that is, the bribe money itself. You cannot move on a case like this with mere circumstantial evidence.

7. As it stands now, it is a case accusations, counter-accusations and denials. It is now the Bakare group's word against the presidency's word. And, naturally, the weight of veracity would tilt in favour of the presidency in view of the absence of any direct or hard evidence. In the case of doubt the benefit rests with the accused.

8. And related to (7) above would mean that the president, at his pleasure, could sue the group for defamation; and in such a case the Bakare group would not have any hard evidence to defend itself in such a suit.

9. Therefore Barrister Tunde Bakare has failed here as a lawyer and has even muddled up his spiritual calling as a pastor and a social reformer. There is a saying that if the sheep would want to grow horns then it must have to develop a strong skull to accommodate these horns. This incident should be an eye-opener to the Bakare group that, if they want to be a social critic and reformer then they must dust up everything and be at their wit's end at all times, especially with respect to the law, otherwise they could place themselves in trouble with the law. Let us pray that the presidency does not go forward to sue the group for, at least, defamation.

10. In conclusion, bribe money could have been offered and there was no doubt that the Bakare group accepted it which consummated the offence. Even though I still have my respect for the Bakare group, I should equally state that this group messed up this incident which could be enough to arraign them for the offence.

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