Tuesday, 29 January 2013

NIGERIAN WONDER: N27bn pension thief gets N750,000 fine and a pat on the back.

John Yusuf
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:

Ame said...

I am speechless. Thank God, God is not a man His judgement is right and without partiality.