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In a standard DPA regime, a company that self-reports and cooperates can avoid the "corporate death penalty" of a criminal conviction. In Nigeria, we are currently forced to rely on the Administration of Criminal Justice Act (ACJA) 2015. While the ACJA provides for Plea Bargaining, it is a fundamentally different animal from a DPA:
The Bola Ahmed Tinubu administration appears to have forgotten that rule in its handling of the Presidential Foreign Investment Promotion Council (PFIPC) controversy. In its determination to destroy the credibility of one man, Prince Adeniyi Matthew Adeyemi, it may have inflicted collateral damage on something far more valuable: the credibility of official government documentation itself.
The prosecution says he cannot be trusted because he once faced disciplinary proceedings in another jurisdiction decades ago. Yet even if every fact of that matter is accepted, the question before this court remains simple: what relevance does an event from more than twenty years ago have to allegations made today?
Whether you are in your living room, a classroom, a place of worship, or just trying to navigate a highway without praying for divine intervention, lives are being lost to blood-thirsty bandits. Thomas Hobbes once described life in the state of nature as "short and brutish." If he were alive today, he’d probably look at Nigeria and say, "See? I told you so."
Of course not. Tompolo did not fly to Abuja; Abuja knows better than to disturb the peace of Oporoza. In Tompolo's case, the EFCC suddenly discovered a highly sophisticated, deeply sensitive legal tool known as prosecutorial discretion. This is the common-sense power of law enforcement to say: "Yes, technically a rule was broken, but pursuing this would be silly, counterproductive, or trivial."
Centre for Nigeria Progress 