- ’Custodian Sentence Better For Society’
- ’Offence Committed Out Of Plea Bargain Limit’
By Solomon Odeniyi
Mixed feelings have continued to greet the sentence of the sex-for-mark former lecturer of the Obafemi Awolowo University (OAU), Professor Richard Akindele to jail.
Some observers said granting a plea bargain by giving him Custodian Sentence that would enable him assist in exposing others who perpetrate such act on campus and lead in the campaign against same would have done the society more good than sending him to jail.
Justice Maureen Onyetenu of a Federal High Court in Osogbo had rejected the plea bargain entered into by counsels of the two parties after the randy professor had pleaded guilty of the offence of requesting for sex from one of his students, Monica Osagie before upgrading her scores.
The judge sentenced him to two years in prison by rejecting the plea bargain on the ground that it would serve as a deterrent to others.
Meanwhile, some legal observers are questioning the decision of the judge to move out of the agreement of the plea bargain, as they argued that the court was supposed to take cognizance of what the two parties have agreed to, which according to them made the professor, a first offender pleaded guilty.
“Plea bargaining is allowed under the Administration of Criminal Justice Act dispensation. The essence of justice is to rid the society of criminal tendencies. Of what gain will it be to the society that he has gone to jail? Penal provisions in our law are not meant to destroy, but to deter, reform and bring out a better man out of a man. That judgment has defeated these”, they added.
To Adebisi Kayode, a lawyer and right advocate, the sentence of the sex-for-mark ex-lecturer to jail was in the best interest of the society, justice and the accused.
He explained that the essence of justice is to satisfy the overall good of the society, bring sanity to the society as well as reform the accused.
“Justice is for the society, the accused and the complainant. It may look unfair to the accused person, the spate of lecturers demanding for sex in our society must be discouraged. Justice is not a linear affair. Considering the gravity and recent spate of the crime committed, the man was given what he deserved.
“The sentence will help reform him. When we talk about reformation, it can take any form. Some may get to prison before they are reformed while some can get theirs by the option of fine”.
He argued that whatever the accused and the prosecutor agreed on was subject to the approval of the court, adding that there had been a lot of times judges do not agree to such agreement.
Barrister Bukola Onifade, noted that the nature of the offence committed does not allow plea bargain, adding that plea bargain could only be allowed in cases involving valuables such as money, properties among others.
He said the accused decided to plead guilty after discovering that there is an avalanche of evidence against him and that there was no way he could go scot-free.
Onifade said had the accused wasted the time of the court, he would have probably been given a maximum of 14 years jail term.
