Cases that put judiciary in the mire

UCHECHUKWU OLISAH, in this report, examines some landmark cases handled by the judiciary in Nigeria which have resulted in outcries from members of the public. NOT a few observers think the judiciary in Nigeria has, once again, either deliberately or fortuitously, soiled itself in the mire of public opprobrium, thus stripping its personality of virtually any iota of public confidence and trust. The recent judgment of an Abuja High Court penultimate Monday, which convicted a former official of Police Pension Fund, Mr John Yusuf, for his part in stealing N32.8 billion pension money and sentenced him to two years imprisonment and, in the alternative, ordered the thief to pay a fine of N750,000 has added to the growing list of convictions and sentencing described as ridiculous. Some of the other cases, which judgments, perhaps because of the nature of convictions and sentencing, attracted public outcry, included the ones involving former Inspector General of Police, Tafa Balogun, former governor of Bayelsa State, Diepreye Solomon Peter (DSP) Alamieyeseigha, former governor of Edo State, Lucky Igbinedion and former governor of Delta State, James Ibori. These cases are viewed against the backdrop, for instance, of a case like the one in which an Upper Area Court in Jos, Plateau State, in March 2012, convicted and sentenced a suspect, Sunday Kuryaske to five months imprisonment for stealing two goats valued at N14,000. The court, nevertheless, gave the convict an option of N4,000 fine. Tafa Balogun Tafa Balogun was appointed Inspector General of Police in 2002 and was forced to retire in January 2005 following newspapers’ publications linking him with allegations of large scale corruption. On April 4, 2005, Balogun was arraigned at the Federal High Court, Abuja on charges involving about N13 billion purportedly obtained through money laundering, theft and other sources. The Economic and Financial Crimes Commission (EFCC) then headed by Mallam Nuhu Ribadu brought 70 charges against the ex-chief cop covering the period 2002 to 2004. Following a plea bargain with the court in exchange for returning much of the property and money, Balogun was sentenced to six months in jail. The presiding judge, Justice Binta Nyako told a bewildered court audience she considered the fact that Balogun was a “first offender” and had “shown remorse” throughout the trial. “I hereby sentence the accused to a term of six months’ imprisonment and a fine of 500,000 naira (3,846 US dollars) on each of the eight charges against him,” she added. Nyako went further to explain that the six months will run concurrently and the 67 days Balogun had already spent in detention during the trial will be deducted. He was released on February 9, 2006 after serving his sentence, part of it in the National Hospital, Abuja. DSP Alamieyeseigha DSP Alamieyeseigha, a retired Squadron Leader of the Nigeria Airforce was elected governor of Bayelsa State in May 1999 on the platform of the Peoples Democratic Party (PDP). He was re-elected in 2003 but later impeached on December 9, 2005 on allegations of corruption. Alamieyeseigha was detained in London on charges of money laundering in September 2005. He jumped bail in December 2005 from the United Kingdom by allegedly disguising himself as a woman, a claim he has, however, denied. On July 26, 2007, the former Bayelsa State governor pleaded guilty before a Nigerian court to six charges and was sentenced to two years in prison on each count. In real terms, his actual sentence is seen as short, because the sentences were to run and actually ran concurrently, and the time was counted from the point of his arrest some two years before the sentences. Alamieyeseigha said he only pleaded guilty due to his age and would have fought the charges had he been younger. On July 27, few hours after he was taken to prison, he was released because of time said to have been already served. James Ibori The EFCC, arrested Ibori, a former governor of Delta State, on December 12, 2007, at the Kwara State Lodge in Asokoro, Abuja. The charges brought against him included theft of public funds, abuse of office, and money laundering. They were among the charges Ribadu-led EFCC had been pressing against him. Besides, commission alleged that Ibori attempted to bribe him to drop the charges with a cash gift of $15 million, which Ribadu immediately lodged in the Central Bank of Nigeria (CBN) as an exhibit. Curiously, on December 17, 2009, a Federal High Court in Asaba, the Delta State capital, discharged and acquitted Ibori of all 170 charges of corruption brought against him by EFCC. The EFCC filed a notice of appeal against the judgment. In April 2010, about three months after Goodluck Jonathan assumed the presidency, Ibori’s case file was reopened. A fresh allegation of embezzlement of N40 billion ($266 million) was preferred against him. Attempts to arrest him at the time were unsuccessful. According to him, the charges were frivolous, saying he was a victim of political persecution. In that same April 2010, Ibori fled Nigeria, a development that made the EFCC to request the assistance of Interpol. On July12, 2010 the Governor of the CBN, Malam Sanusi Lamido Sanusi revealed that Ibori had used Delta State as collateral for N40 billion loan when he was governor. Ibori was arrested on May 13, 2010, in Dubai, United Arab Emirate under Interpol warrants issued from United Kingdom courts and enacted by the Metropolitan Police. Ibori was granted bail pending an extradition hearing. He was, however, later extradited to the United Kingdom. On February 27, 2012, Ibori pleaded guilty to 10 counts of money laundering and conspiracy to defraud at Southwark Crown Court, London, following charges that he stole US$250 million from the Nigerian public purse. On Tuesday, April 17, 2012, Ibori was sentenced to 13 years by Southwark Crown Court for his crimes. He is expected to serve four and half years as some of the counts are to run concurrently. Ibori’s guilty plea at a London court is regarded by many people as a shame to the judiciary in Nigeria given the decision of a High Court in Asaba, which acquitted him in 2009. The EFCC has since appealed against the High Court judgment. Lucky Igbinedion The former governor of Edo State, was convicted for corruption on December 18, 2008 by a Federal High Court in Enugu. The 191-count charge involving N2.9 billion against Igbinedion later came down to just 24-count with Kiva Corporation. However, on December 17, a day prior to his conviction, the case against him was reduced to one-count after a plea bargain the ex-governor reported entered with the EFCC which initiated his trial. “That you, Lucky Igbinedion (former Governor of Edo State) on or about January 21, 2008 within the Jurisdiction of this honourable court neglected to make a declaration of your interest in account No. 41240113983110 with GTB in the declaration of assets form of the EFCC and you thereby committed an offence punishable under section 27 (3) of the EFCC Act 2004,” that was the one-count charge that led to Igbinedion’s conviction. After his guilty plea, Justice Abdul Kafarati sentenced Igbinedion to a fine of N3.5 million which is said to be equal to the amount in the account. The fine is an alternative to serving six months in jail. Justice Tafarati also ordered Igbinedion to refund N500 million and forfeit three property including one in Abuja. The EFCC which said it would file an appeal against the judgment had expressed dissatisfaction through its spokeman, Mr Femi Babafemi, pointed out that it fell short of its expectation. “It is believed that the essence of a plea bargain is not only for suspects to forfeit the proceeds of crime but that such should go with a sentence which will serve as a deterrent. John Yusuf Yet another absurd judgment, as many Nigerians have agreed, came in the case which involving former officials of the Police Pension Fund including Mr John Yusuf. On January 28, 2013, an Abuja High Court presided by Justice Abubakar convicted Yusuf on three counts charge of stealing N32.8 billion pension money, with each of the count receiving a two-year sentence or an option of N250,000 fine, making it a total of six years or in the alternative N750,000 fine. However, in actual sense, Talba handed down a two-year term of imprisonment or an option of N250,000 fine to Yusuf because the three counts are to run concurrently. The judgment drew protests. The protesters comprised of members of the Anti-Corruption Network (ACN), National Association of Nigerian Students (NANS) and Association of Unemployed Youths of Nigeria (AUYN), who marched to both the Federal Ministry of Justice and the National Assembly, on January 30, 2013, decrying the judgment. Even the House of Representatives protested the court’s decision described as ‘a slap on the wrist.’ The House called on the Attorney General of the Federation (AGF) and the EFCC to immediately appeal against the judgment. Besides, the lawmakers unanimously resolved to commence the process of amending Section 309 of the Penal Code and Criminal Code TRIBUNE