
CAN the nation’s laws really fight corruption? This poser
Monday ran through reactions to a two-year jail term given to a man who
confessed to embezzling N23.3 billion belonging to the Police Pension
Board (PPB).
A former head of the PPB, Yakubu Yusufu, got the sentence from an Abuja High Court.
The
court also gave him the option of paying N750, 000 and walking away a
free man. But it ordered that Yusufu forfeits a property valued at N325
million.
Yusufu, the eighth accused person on the charge sheet
specifically pleaded guilty to counts 18, 19 and 20 wherein he was
alleged to have connived with Mr. Essai Dangabar, Atiku Abubakar Kigo,
Ahmed Inuwa Wada, Mrs. Veronica Ulonma, Sani Habila Zira, Mrs. Uzoma
Cyril Attang and Mr. Christian Madubuike, to convert the sums of N24.2
billion, N1.3 billion and N1.7 billion respectively, belonging to the
Pension Office to their own use, an offence punishable under Section 309
of the Penal Code Act, Cap 532, Laws of the Federal Capital Territory,
Abuja, Nigeria 2007.
While delivering his judgment, the position
of the law and the plea of Yusufu’s counsel, Mayaki Thoedore Bala, that
he “tempers justice with mercy” seemed to weigh heavily on the mind of
the trial judge, Justice Abubakar Talba.
Justice Talba held that
Section 309 of the Penal Code under which the accused persons were
charged provides for a two-year imprisonment with an option of fine or
both if found guilty.
Accordingly, he had no trouble reaching the
decision to give a two-year sentence for each count expected to run
concurrently or an option of N250, 000 per count.
He noted that
the convict with no previous criminal record, voluntarily pleaded guilty
to the charges for which he was standing trial and had agreed to
forfeit the money he stole as well as the property he acquired with the
ill-gotten money.
Justice Talba lamented that corruption was a monster, which had denied Nigerians better living conditions.
Reacting
to the judgment on Monday, a professor of law and Senior Advocate of
Nigeria (SAN), Itse Sagay, said even though he was not a crime lawyer,
he was aware that the law for such offences provides for at least a
14-year imprisonment. “This particular stealing is aggravated not just
because of the amount of money involved but because of the people
affected. Those are the people who have served this country in their
prime; spent their years serving this country and are now dying in
penury. To me, he deserves a capital punishment”, he declared, adding
that the two- year sentence was quite surprising to him.
Also, the
chairman of the Ikeja branch of the Nigerian Bar Association (NBA),
Onyekachi Ubani, said that something drastic had to be done to amend the
penal code that provided for such penalty.
“It encourages
impunity. If it is true that the provision of the law says two years, it
does not make for the orderliness of the society. Punishments are
supposed to serve as deterrent, but this type will encourage more crime.
What is two years?” he queried, adding that the National Assembly
should as a matter of urgency amend the penal code to provide for a
stricter punishment.
But the former National President of the NBA,
Dr. Olisa Agbakoba (SAN), had a different opinion. He said that the
fact that there was a conviction was enough to cheer about. He said: “It
is encouraging. This news about the conviction is good and everybody
should be happy. Let us first get conviction at all. This is a country
where it is difficult to convict corrupt cases. All we hear before is
arrest, charge, and bail with nothing to show for it.”
According
to him, while not losing sight of the fact that the sentencing was
inappropriate, it is cheery news that he was convicted in the first
place. According to him, what is important now is to encourage the
judges to tread that path and begin to hand out stricter penalties in
order to discourage others. “I am happy that there is a conviction while
not losing sight of the fact that the sentencing was inappropriate. We
can rather continue to encourage the judges to continue in that
direction but to make it more stringent so that it will send a strong
signal”, he declared.
Meanwhile, the other accused persons in the
matter, which is being prosecuted by the Economic and Financial Crimes
Commission (EFCC) maintained their earlier plea, insisting that they
were not guilty.
In the amended 20 counts charge, bordering on
conspiracy and criminal breach of trust brought against the accused
persons by EFCC, two more persons, Mrs. Uzoma Cyril Attang and Mr.
Christian Madubuike who were not included in the earlier charge were
introduced in the matter.
The Permanent Secretary of the Pension
Office, Mr. Atiku Abubakar Kigo, was initially docked alongside Mr. Esai
Dangabar, Ahmed Inuwa Wada, John Yakubu Yufufu, Sani Habila Zira and
one woman, Mrs. Veronica Ulonma Oyegbula in 2011 on a 16-count charge
before the charge was amended to include Mrs. Attang and Mr. Christian
Madubike.
The judge had earlier granted each of the accused
persons bail in the sum of N10 million, with two sureties in like sum,
one of whom must not be less than an officer on grade level 14 and that
the sureties must live within the jurisdiction of the court.
Other
conditions for their bail, the judge held, were that the sureties must
depose to affidavits of means, which must be verified by the EFCC and
that the accused persons should deposit their national passports before
the court.