Justice

Akin Kuponiyi

A Federal High Court sitting in Lagos south West Nigeria today sentenced two convicted officials of the Independent National Electoral Commission (INEC), Christian Nwosu and Tijani Bashir who were charged with N264.8 million gratification received from former Petroleum minister Dieziani Allison Madueke and money laundering by the Economic and Financial Crimes Commission (EFCC).

The Presiding Judge, Justice Mohammed Idris, in his verdict while sentencing the two convicted INEC official said”The two convicted INEC officials acted in breach of their duty and in disrepute manner. The INEC officials must know that their conduct must meet the required standard and must be responsibly and accountable. This country must not be allowed to degenerated to anarchy any one that acted contrary to the law must be dealt with in accordance to the law especially those who plays ignoble roles,section 3 of the law in which the convicts were charged provide for terms of imprisonment and fine. The court will tamper justice with mercy, but the message should be sent to to INEC that anyone found guilty will be dealt with in according to the provisions of the law.

The sentence of the convicts are as follows the two convicts are sentenced to 7years each on count one, 7years each on count two, 5years each on count three, 5years each on count four, Tijani Bashir sentenced to 7years on count five, 7years on count six, 7years on count seven, 7years on count 8,while the two convicts are sentenced to 7years each on count nine the sentences are to run concurrently. The properties and monies recover from the convict are to be forfeited to the Federal Government of Nigeria.

Christian Nwosu is to forfeit to the Federal Government of Nigeria a landed property at Akpanam , Asaba Delta state valued N5million,(empty land) 2,Akpanam Delta State (House) valued N20million and a cash of N5million.

Tijani Bashir is to forfeit a four bedroom flat at 6 Umme Street wuse Abuja valued N27 million.

Before the court sentenced the convicts, their Counsel Barrister Victor Opara leading six other lawyers while pleading for leniency on behalf of the convicts, urged court to tamper justice with mercy, he told the court that the convicts were first offender, the prosecutor Mohammed Idris confirmed this.

The two convicts were present in court today. The convicts were convicted yesterday while their sentence were differed till today because of the absence of the first convict(Nwosu) on the ground of ill health. The trial to the convicts started on April 6,2017.

EFCC had preferred a criminal charge against the convicts. One of them, Yisa Adedoyin, had earlier been convicted by the court after he pleaded guilty to the charges prefferred against him.

The convicts were said to have accepted cash gratification from a former Minister of Petroleum Resources, Diezani Allison-Madueke, in the build-up to 2015 general elections.

The anti-graft agency accused them of accepting the said gratification, which they reasonably ought to have known formed part of the proceeds of an unlawful act.

The convicts were re-arraigned after their co-accused (Adedoyin) had opted to change his plea by admitting to being complicit in the offences charged.

Thereafter, Nwosu and Bashir maintained their respective pleas of not guilty, while they opened their defences on September 19 and 21, 2018 respectively.

After conclusion of trial, parties adopted their final addresses on Nov. 8, 2018 and the court adjourned until January 23 for judgment.

On January 23,2019, the court was ready to read its judgment, but counsel to the first convict, Mr Victor Opara informed the court of a sick leave certificate for Nwosu, from a hospital in Enugu in which he was placed on bed rest.

He thereafter urged the court to grant an adjournment to a further date to enable Nwosu appear.

Opposing the application, EFCC counsel, Mr Rotimi Oyedepo, vehemently urged the court to proceed with its “business” for the day, adding that such excuse was aimed at “arresting” the court’s judgment.

In the interest of Justice however, Justice Idris further adjourned the case till January 24,2019.for judgment and ordered that Nwosu be brought to court unfailingly yesterday.

When the case was mentioned yesterday Mr Obinna Okereke announced his appearance for Nwosu, and informed the court that the convict was immediately informed to come down from Enugu after the court issued the order yesterday.

He, however, said that after Nwosu arrived Lagos, he was informed that he fainted at the park and had been rushed to a hospital at Ajangbadi in Lagos, where his Blood pressure was said to have read 200/140

He also urged the court to grant a short adjournment to enable his appearance in court adding that there was also a subsisting appeal in the instant case before the Court of Appeal.

Again, Oyedepo objected to the prayer for adjournment and citing the provisions of sections 305 and 314 of the Administration of Criminal Justice Act, he urged the court to proceed to deliver his judgment.

The prosecutor, described the request as a gimmick to stop the judgment.

Justice Idris dismissed the request for adjournment on the grounds that by the provisions of the law, his judgment ought to be delivered within 90 days after adoption of addresses.

Delivering his judgment afterwards, which lasted for about 47 minutes, Justice Idris gave a clear insight as to what constituted Money laundering, Conspiracy, as well as circumstantial evidence.

The court held that it is satisfied from the testimonies of prosecution’s witnesses which includes an operative attached to the Special Task force of the Economic and financial crime commission EFCC Mr Usman Zakari who in his evidences tendered such as receipts of payments duly signed by the convicts, that the prosecution had been able to discharge the burden of proof on it, which in any case needs not be total.

Again, the court held that it was not in doubt that the convicts were guilty of the offences of conspiracy, as they both met in the bank to accept the cash payments of N70.05 million and N30 million out of the total
sum of N264.8 million dole-out by the ex petroleum minister Dieziani Allison Madueke.

The court held : “I agree with the prosecution that the manner in which the transaction leading to this charge was consummated, shows clearly a
meeting of the minds.

“As stated earlier, the defendants showing their meeting of minds to commit the alleged offences, went to the bank, handed the cash to the second defendant, who conveyed same as instructed by the first defendant.

“They were not beneficiaries of any financial instruments or bank instrument, with which they can go to the bank to carry out such transaction; they made such cash payments without going through any financial institution and concealed, retained and used same.

“Any person who contravene any provisions of the money laundering Act, is liable upon conviction, to an imprisonment term of not less than seven
years imprisonment and not more than 14 years imprisonment.

“To prove its case, the prosecution need not call all the witnesses, but only such witnesses necessary to prove its case.

“In the light of the forgoing, I hereby find the accused guilty as
charge, ” .

Following the absence of the first accused, the court deferred his sentencing till today and ordered that the second accused who was present in court, be remanded in the EFCC custody pending sentence.
After the court judgement, the EFCC prosecutor Mohammed Idris told the court that the convicts are also standing trial in another case in Kwara state.