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The Federal Excessive Court docket in Abuja on Wednesday convicted Umar Hussaini, previously a lawyer to ex-Comptroller-Common, Nigeria Customs Service (NCS), the late Abdullahi Dikko.
The decide, Ijeoma Ojukwu, sentenced Mr Hussaini to seven years’ imprisonment, however with an possibility of N100 million wonderful.
She discovered Mr Hussaini responsible of counts of acquiring cash by false pretence opposite to and punishable below the Advance Payment Fraud and Different Associated Offences Act, 2006.
The Information Company of Nigeria (NAN) reported that the Unbiased Corrupt Practices and different associated offences Fee (ICPC) filed the case marked FHC/ABJ/CR/74/2020 in opposition to Mr Hussaini as the only real defendant.
Fraud
In keeping with the ICPC, Mr Hussaini fraudulently used the account of his regulation agency, Capital Legislation Workplace, to obtain the N1.1 billion from an actual property firm, Cambial Nigeria Restricted in April 2010.
The N1.1 billion was a part of the funds NCS had paid to Cambial Nigeria Restricted for the acquisition of 120 housing models in Kuje, Abuja, meant to be distributed to Customs officers.
ICPC mentioned Mr Dikko instructed Cambial Nigeria Restricted to pay Mr Hussaini’s regulation agency the N1.1 billion which was described as “completion safety deposit” for the sale of the 120 housing models.
Though, Mr Hussaini was Mr Dikko’s personal lawyer, the anti-corruption company mentioned, he was designated to obtain the cash from Cambial Nigeria Restricted as NCS exterior solicitor.
An ICPC investigator, Yetunde Faniran, instructed the courtroom that the lodgment of the N1.1 billion was masked from the assertion of account of Capital Legislation Workplace with Stanbic IBTC Financial institution Plc.
The investigator, nevertheless mentioned, the account assertion of Cambial Nigeria Restricted with Zenith Financial institution Plc, mirrored the switch of the cash to the regulation agency owned by Mr Hussaini, someday in April, 2010.
The defendant, in accordance with the ICPC operative, had mentioned the cash paid to him on the directions of the late NCS boss was the loss of life good thing about a deceased relative of Mr Dikko.
The operative mentioned Mr Hussaini couldn’t present the title of the alleged deceased relative.
Investigations, the ICPC operative added, revealed that Mr Hussaini transferred a lot of the cash to a Bureau De-Change (BDC), which was then transformed into $3 million and handed over to Mr Dikko via one in every of his subordinates.
Mr Dikko, who died in February 2021, was initially charged together with Mr Hussaini and different alleged conspirators.
However the ICPC withdrew the preliminary case in June 2020, when it couldn’t arrest and produce Mr Dikko in courtroom.
Plea for mercy
After Ms Ojukwu convicted Mr Hussaini, two witnesses, together with a lawyer, Amobi Nzelu, testified about Mr Hussaini’s good character, whereas praying the courtroom for leniency.
They begged the courtroom to offer the sentencing with an possibility of wonderful.
The convict, who was mentioned to have 4 wives with kids and aged dad and mom, was mentioned to be the breadwinner of the household.
He additionally begged the courtroom to mood justice with mercy and sentence him with an possibility of wonderful.
He mentioned he had by no means cheated anybody or dedicated any crime earlier than and that the duty of self-discipline and catering for the youngsters was on him.
Naziru Umar, the convict’s lawyer, broke into tears whereas pleading on behalf of his shopper for mercy.
Mr Umar prayed that the sentencing must be with an possibility of wonderful in accordance with the provisions of Part 6(c)(1)(2) of the FHC Corruption and Different Associated Offences Sentencing Tips and Follow Course, 2015.
ICPC’s lawyer, Olubunmi Ikupolati, who drew the eye of the courtroom to Part 11 of the AFF Act, 2006, urged the courtroom to convict him with restitution of the funds stolen.
However Mr Umar urged the courtroom to discountenance Mr Ikupolati’s utility, saying such a request would quantity to double jeopardy since his shopper was additionally dealing with a civil matter earlier than the FCT Excessive Court docket.
Mr Ikupolati urged the courtroom to uphold his argument.
He mentioned the difficulty of double jeopardy didn’t come up right here since there was no current judgment on the matter.
Sentence and restitution
In her judgement, Ms Ojukwu handed down seven years jail time period on every of the 2 counts with an possibility of wonderful of N50 million on every of the counts.
The decide, nevertheless, ordered that the sentencing would run concurrently.
Ms Ojukwu equally ordered Ms Hussaini to pay N100 million as compensation to the victims of the crime – Yemi Obadeyi and the corporate, Cambial Restricted.
She ordered the convict to be remanded in jail pending the fulfilment of the phrases of wonderful.
(NAN)
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