EFCC Seeks Seven-Year Jail Term For Convicted Ex-NIMASA DG – TheNigerialawyer

The Economic and Financial Crimes Commission, (EFCC) is seeking
a seven-year jail term from for a former acting Director General of
NIMASA, Calistus Obi, convicted of fraud and money laundering.

The EFCC Prosecutor, Rotimi Oyedepo told Justice Mojisola
Olatoregun of the Federal High Court sitting in Lagos, that where
the law prescribes a maximum sentence for an offence, the court has
the discretion to impose a sentence below same but where the law
prescribes a minimum sentence, the court cannot go below same.

In the instance case, Oyedepo cited Section 416 of the
Administration of Criminal Justice Act, ACJA, which prescribes a
minimum of 7years jail term for the offence committed by the
defendants.

Last week Thursday, the court had convicted Calistus Obi and Alu
Dismas who was a personal assistant to Obi’s predecessor, Patrick
Akpobolokemi

The judge then adjourned till today, May 28 for sentencing and
ordered that the duo be remanded in prison custody.

At today’s proceedings, Oyedepo argued that for wasting the time
of the court which ultimately found them guilty of the offence, the
defendants were not qualified to enjoy the discretion of the court
in not imposing the maximum sentence.

“This is a time we must begin to make statements that send a
signal to public servants and those entrusted with public funds,
not to betray the trust imposed on them as the court has found in
this case”.

“The first and second defendant converted the total sum of N111
million to their personal use, while the first, third, and fourth
defendants converted the sum of N114million to their personal
use”.

“The court has the power to order them to refund the money and
compensate the Agency for the funds already utilised.

“We also urge the court to order the forfeiture to the Federal
Government, of the sum of N30 million recovered by the EFCC from
the first defendant,” he said

“We also urge the court to order the forfeiture to the Federal
Government, of a Hotel in Asaba called La Diva Hotel and Events
Centre, which is owned by the first defendant.

“Doing this will also send a warning signal to intending members
of the public, who want to “dip their hands into public funds,”
Oyedepo submitted.

For the third and fourth defendants, two companies, Grand Pact
Ltd and Global Seal Investment Ltd, Oyedepo cited the provisions of
sections 15(4) of the Administration of Criminal Justice Act and
asked the court to impose a fine of 100 per cent on the corporate
bodies found to have aided the convicts.

In his plea for mercy on behalf of the first convict, his
counsel, Mobolaji Kuti asked the court to temper justice with mercy
as he was a first time offender, with no past criminal records.

Citing the provisions of section 416 (d) of the ACJA, he argued
that the law provides that a court shall not impose the maximum
sentence on a first time offender.

The Counsel also asked the court to consider that the convict
had been in dedicated service to the public for a long time, and
has a family who depended solely on him.

On his part, the second defence counsel, Collins Ogbonna asked
the court to give justice a “human face” and grant his client a
non-custodian sentence.

He described his client as a mere “conduit pipe” who was used to
deliver money to his superiors.
According to him, the second convict did not benefit from the said
funds but as Personal Assistant to Akpolobokemi had only acted on
instructions.

He also asked the court to consider the young family of the
convict including an aged father who all depend solely on him.

After listening to all the submissions, Justice Olatoregun
deferred sentence until June 3, and ordered the convicts to be
remanded in Ikoyi prison, pending sentence.

Subscribe ToNairalaw News!