Surprise
pervaded a Federal Capital Territory High Court, Abuja on Monday when
a director of the Police Pension Office, Mr. John Yusuf, was handed
down only a two-year jail sentence for conniving with others to defraud
the office and pensioners of N27.2bn.
Yusuf admitted to stealing N2bn of the money.
But he would not spend the two years in
jail as Justice Abubakar Talba gave him an option of fine in the sum
of N750,000 for the three offences he pleaded guilty to.
Each of the three offences attracts a two-year jail term.
The sentences run cuncurrently.
Yusuf, who by his sentence becomes the
first to be jailed in the ongoing trial of persons involved in the
N38.8bn Police pension scam, will however forfeit 32 houses in the FCT
and Gombe as well as N325m which the Economic and Financial Crimes
Commission said were proceeds from the crime.
Many in the courtroom openly expressed their amazement with Talba’s judgment.
The exchanges among the gathering, which
included lawyers, journalists, relatives of all the accused persons
and observers, were loud enough for the court clerk to call everybody
to order.
The lenient nature of the sentence was
underscored by the reaction of Yusuf’s lawyer, Maiyaki Bala, who said
his client was ready to pay the fine immediately after the sentencing.
With EFCC lawyer, Mr. Rotimi Jacobs
(SAN), noticeably close to tears, Bala told journalists that they
intended to take up the option of fine immediately.
There were indications that Yusuf, who
appeared calm and confident in a light green kaftan with a matching
green cap, made the payment before leaving the premises of the court,
located in Gudu.
Although his bank accounts were
reportedly frozen by the order of the court, it seemed he was still able
to raise money – perhaps through friends and relatives – as it was
gathered that he was issued with a Revenue Collector’s Receipt before
he left the court premises.
The convict, who had been on bail before he was sentenced, was driven away in his personal car.
Before Talba read the judgment, the
embattled director had made a U-turn on his earlier not guilty plea by
admitting that he committed three offences.
Yusuf specifically pleaded guilty to
counts 18, 19 and 20, where he was alleged to have connived with the
other suspects –Essai Dangabar, Atiku Kigo, Ahmed Wada, Veronica
Ulonma, Sani Zira, Uzoma Attang and Christian Madubuike – to convert
the sums of N24.2bn, N1.3bn and N1.7bn, belonging to the office to their
personal use.
Yusuf’s sentencing came after he pleaded
guilty to betraying trust and fraudulently converting N2bn of police
pension funds to private use. The trial continues for the other accused.
He admitted to the 19th and 20th
offences relating specifically to him, each involving betrayal of trust
and the conversion of N1bn apiece. The maximum penalty for the offence
is two years.
Attang and Madubuike were added in an amended 20-count.
Bala said, “By pleading guilty, the convict has shown respect to this court and has saved the precious time of the court.
“The court will also find out that he
is a first time offender without any previous record of conviction;
furthermore, he is the head of a family of four, a wife and three
children, two of who are university students while one is a primary
school pupil.
“These people depend on him for their survival and wellbeing, including the payment of school fees.
“It is also pertinent to note that he
has a chronic heart condition which has aggravated to a serious case of
high blood pressure, a condition that requires frequent medical
attention.
“His aged parents are still alive and
due to old age, have attendant medical complications which require
regular medical attention and both depend on him to deal with these.”
Bala added that Yusuf was a community leader with a number of students depending on him for scholarship.
He noted that the students would lose the opportunity if justice was not tempered with mercy.
The counsel added that should the court
grant the application for forfeiture of his client’s assets, the
EFCC would take everything from him (Yusuf) .
He urged the court to exercise its
discretionary powers granted it under section 309 of the Penal Code in
favour of the convict and give him an option of fine.
Bala argued that doing so would encourage the other accused persons to admit their guilt, where it exists.
Pronouncing sentence on the convict,
Talba said he had taken favourable note of the fact that Yusuf was a
first time offender, and had also opted on his own volition to plead
guilty, thereby saving the time of the court.
But he stressed that the court also had a duty to the country, which had suffered from corruption.
He held that section 309 of the Penal
Code, under which the accused persons were charged, stipulates a
two-year prison term with an option of fine or both.
Consequently, he sentenced Yusuf to two years’ imprisonment for each of the three counts or a fine of N250, 000.
Among the properties are two units of a
three-bedroom semi detached bungalows at R2, A and B, Sunny Homes, Dakwo
District, Abuja; two units of three bedroom semi bungalow- detached at
M24, A and B, Sunny homes, Dakwo District Abuja; four units of a
3bedroom semi- detached bungalows, in Abuja; eight units of an Estate of
two-bedroom flats, at Gombe, GRA; one unit Semi-detached Duplex at
house 21, 4th Avenue, Gwarinpa, Abuja; four units of a two bedroom semi –
detached duplex at Bricks City, Kubwa Road, Abuja and one unit of Semi-
Detached Duplex, at 14B Democracy Crescent, Gaduwa, Abuja.
A displeased Jacobs protested the
option of fine given to the convict, noting that it mocked the
anti-corruption campaign of the Goodluck Jonathan administration.
“Justice Mohammed Talba convicted and
sentenced Yusufu to two years’ imprisonment with the option of N250, 000
fine on three of an amended 20-count.
“The commission is of the view that the
option of fine runs contrary to the understanding between the
prosecution and the defence wherein the convict consented to a custodial
sentence with the forfeiture of all assets and money that are proceeds
of the crime.”
1 comment:
I am speechless. Thank God, God is not a man His judgement is right and without partiality.
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