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Tag: jail term

  • ‘Jail term for traffic offenders will reduce road crashes’

    A Senior Lecturer in the Department of Transport and Geography, Olabisi Onabanjo University, Ogun State, Prof. Kayode Oyesiku, has advocated for the introduction of jail term into the traffic penalty code to reduce crashes.

    According to him, motorists would continue to disobey traffic rules unless the penalty code is amended.

    The don spoke at the first quarter retreat of the Ogun State Sector Command of FRSC in Abeokuta. The retreat was themed: “FRSC international conventions and agreements: implication and preparedness”.

    Prof. Oyesiku noted that the ugly trend would continue unless government empowers the Federal Road Safety Corps (FRSC) by amending road traffic penalty code and introducing jail term for offenders.

    Read also: Two die, 10 injured on Lagos-Ibadan Expressway accident

    He blamed the government for the poor implementation of all that should make the roads safe, and appealed to the government to focus more on providing road infrastructures to stem incessant road crashes.

    The Ogun Sector Commander, Clement Oladele, said the retreat was organised to review their previous operations and chat new ways of improving service delivery.

    He urged road users to cooperate with the Corps by abiding with traffic rules to stem incessant road crashes, saying majority of crashes are caused by human errors which are avoidable if motorists obey traffic rules.

  • Man convicted of fraud by EFCC gets four months jail term

    Justice P. I. Ajoko, of the Federal High Court, Ibadan, has sentenced Ogundiran Tosin Iyanu to four-month imprisonment.

    Ogundiran was found guilty of a one-count charge of obtaining money by false pretence preferred against him by the Economic and Financial Crimes Commission (EFCC), Ibadan Zonal Office, and sentenced yesterday.

    The convict, who earlier pleaded not guilty on December 16, 2018, later changed his plea to guilty.

    His latest plea led to an amendment of the charge and re-arraignment on March 5, on a one-count charge of obtaining money by false pretence contrary to Section 419 of the Criminal Code Act.

    Read also: EFCC: Akingbola used Intercontinental Bank’s N10b to clear personal debt

    The charge sheet reads: “That you Ogundiran Tosin Iyanu and Ayomide Balogun (at large) on or about April 5, 2018 at Ibadan within the jurisdiction of this court with intent to defraud, obtained N282,500 only from Adeyemi Adejumo, which pretence you knew to be false and thereby committed an offence punishable under Section 419 of the Criminal Code Act, Cap C38 Laws of Nigeria, 2004.”

    After considering the merit of the charge and the evidence as presented by the prosecution counsel, Sanusi Galadanchi, the judge, convicted and sentenced the defendant to four-month imprisonment with effect from the date of his arraignment.

     

     

  • Prisoner bags 170 years jail term for N 12.3m fraud

    Prisoner bags 170 years jail term for N 12.3m fraud

    A prison inmate was yesterday at a Lagos State High Court sentenced to 170 years imprisonment for defrauding a bank manager of N12.3million.
    He will, however, spend 18 years as the sentences will run concurrently.
    The Economic and Financial Crime Commissions (EFCC) arraigned Ikechuwu Ogbu and Ibebugbu Chuks before Justice Lateefa Okunnu on June 10, 2011 for obtaining money by false and stealing.
    The EFCC said the defendants orchestrated and defrauded Patrick Edet Chukwu, a branch Manager of Bank PHB now Keystone Bank, of N12.3 million under false pretences while serving a jail term in Kirikiri for another fraud related offence.
    Delivering judgment yesterday, Justice Okunnu found Ogbu guilty of all the charges against him.
    The judge discharged Chuks, saying the prosecutor failed to prove the charges against him beyond reasonable doubt.
    She said there was nothing to show that he knew anything about the money sent to his account.
    “I am of the view that the prosecution failed to prove his case against the second defendant because there was no direct evidence against him,” the judge held.
    Justice Okunnu sentenced Ogbu to 18 years imprisonment on counts two to 10 and eight years on count one.
    The judge blamed the Maximum Security Prison officials for aiding the prisoner to open a bank account and permitting him to wear mufti.
    She pointed out that the convict was allowed to use several mobile phones to call the complainant in order to defraud him.
    The judge said: “According to the witness statements of the EFCC operatives and the evidence before the court, I believe that the first defendant had on various occasions collected about N12 million from the complainant.”
    The defendant’s counsel Olanrewaju Ajanaku, pleaded with the court to temper justice with mercy, saying his client is now remorseful.
    Ajanaku added: “My Lord, the defendant’s wife died two years ago, I pray my lord to temper justice with mercy.”
    EFCC counsel Nnaemeka Omewa said: “The defendant had just spent just two years of his serving term and he committed another heinous crime. How much more would he commit if he is allowed to live in the society.  I urge my Lord to pass the maximum judgement on the defendant”.

  • Anti-graft war: Reps seek 20-year jail term for looters

    Anti-graft war: Reps seek 20-year jail term for looters

    Despite Senate’s  insistent rejection of the nomination of Ibrahim Magu as the substantive Chairman of the Economic and Financial Crimes Commission (EFCC) last week, the House of Representatives is seeking to make the agency financially and operationally independent of the executive and legislative arms of government.

    The bill seeking to further empower the anti-graft scaled second reading with unanimous support despite a few dissenting voices to a proposal for a special court devoted to the trial of financial and other related crimes. According to two of the four sponsors of the consolidated  bill, Kayode Oladele (APC, Ogun) and  Bassey Ewa (PDP, Cross River), if passed into law, neither the Executive nor the Legislature can turn the anti-graft agency into its tool. Oladele said: “The bill is seeking to expand the scope of those that can head the agency. The extant law restricted it to only former or serving security personnel but we want a situation whereby people of character can be sourced from non-security sector; we don’t want the door to be shut on the rest of brilliant Nigerians with impeccable character. The independence of the agency can only be guaranteed if it is placed on first line charge. If that is done, the agency will no longer have to make do with whatever it was given to it by the Budget office, which may not be enough for its financial activities”. Oladele added that the creation of Nigerian Financial Intelligence Unit (NFIU) domiciled in EFCC but independent would go a long way in tackling corruption in the country. “It would enable Nigeria access the international data of the Egmont Group in tackling complex corruption cases with international dimension,” he said.

    On his part, Ewa said the bill is seeking a 20-year minimum jail term for public servants, who corruptly enriched themselves while in office as well as the creation of EFCC court, designed to try corrupt officials to avoid undue delays.

    In his comparative analysis of other countries that have passed through similar circumstances, Ewa said Ghana prescribes 15 years with hard labour, Republic of Cameroun had 20 years imprisonment, and India has 20 years imprisonment while Egypt has 20 years imprisonment.

    On funding of the agency, Ewa said the bill seeks to delete Section 35 of the Act to be replaced with 0.1percent of the total value of contracts awarded by the Federal Government shall be credited to the commission’s account; 0.1percent of the Internally Generated Revenue of the Federal Government shall be credited to the commission’s account; and 0.1percent of the sums of money recovered from the looted funds shall be retained by the commission.

    “The EFCC Act is further amended to establish an Economic and Financial Crimes Commission Court to handle all cases emanating from investigations carried out by the EFCC bothering on financial crimes. The court, so established, shall have divisions in the six geo-political zones of the country. The court shall within 180 days dispense with any matter that is properly brought before it as appeals emanating from it shall only lie to the Court of Appeal and the Court of Appeal shall within 90 days dispense with any matter brought before it from the judgment of EFCC Court,” he added.

    While Oladele cautioned his colleagues on the establishment of the EFCC court, a number of his colleagues vehemently opposed it. Oladele opined that the scope of the EFCC court would be too limited which was why he was proposing an all – encompassing Special Court Bill that would take care of variety of financial, terrorism and other related crimes. “There is need for us to bring all the special crimes such as cybercrime, terrorism, financial crimes together into one so that the special court can be fully operational”.

    While he supported operational autonomy for the agency, Oladele however called for caution over funding of the agency, saying if passed into law as proposed; the funding sources might turn out to be over-pampering of the agency. Tajudeen Yusuf (PDP, Kogi) who also supported the EFCC court, said it has become necessary to free the agency from its dependence on the Executive. He however faulted the proposed funding of the agency saying it was too huge.

    However, antagonists of the EFCC got a boost when Speaker Yakubu Dogara pointed out that the position of the constitution should be considered on the feasibility of the EFCC against High courts. While Nicholas Ossai (PDP, Delta) aligned with the Speaker, saying there was a need to examine the position of the constitution, Igariwey  Enwo (PDP, Ebonyi) said, “Mine is only a voice of caution because it is easy to give out powers but very difficult to take it back as this special court may have to serve as subordinate court to the state high courts”. Mohammed Soba (APC, Kaduna) and a number of others said the EFCC court is unnecessary. According to them, the constitution has already empowered the High Court to carry out the proposed duties for the EFCC court. They opined that being a constitutional issue, an amendment of the constitution must be carried out. They said if passed into law, the powers of the High Court would be usurped. They also felt that the creation of the court would also give too much power to the anti-corruption agency.

    But when the bill was put to voice vote, it got the support of the majority of the lawmakers.

  • Reps seek 20-year minimum jail term for convicted public servants

    Reps seek 20-year minimum jail term for convicted public servants

    …As EFCC bill scales second reading

     

    The House of Representatives is seeking a 20-year minimum jail term for public servants who corruptly enriched themselves while in office.

    The lawmakers are also advocating for the creation of special courts designed to try corrupt officials to avoid undue delays.

    The decision of the lawmakers followed the second reading of a consolidated bill seeking to further empower the Economic and Financial Crimes Commission (EFCC) Wednesday.

    Bassey Ewa (PDP, Cross River), one of the sponsors of the bill said the bill aimed at relieving the agency of its dependence on the Executive and the legislature.

    “This amendment seeks to strengthen the commission by establishing more stringent ways of removing members and chairman of the board, establish an asset confiscation and recovery unit as well as a Financial Investigation and Intelligence Unit (FIIU).

    “Amend Section 18 of the Act that deals with penalties to increase the term of sentence to be not less than 20 years imprisonment (from the present provision of not less than 2 years and not exceeding 3 years and establish a plea bargain system whereby if the accused decides to plea-bargain by refunding the looted funds by him his sentence shall not be less 2 years”.

    In his comparative analysis of other countries that have passed through similar circumstances, Ewa said Ghana has 15 years with hard labour, Republic of Cameroun had 20 years imprisonment, India has 20 years’ imprisonment while Egypt has 20 years’ imprisonment.

    On funding of the agency, Ewa said the bill seeks to delete Section 35 of the Act to be replaced with 0.1percent of the total value of contracts awarded by the Federal Government shall be credited to the commission’s account; 0.1percent of the internally generated revenue of the Federal Government shall be credited to the commission’s account; and 0.1percent of the sums of money recovered from the looted funds shall be retained by the commission.

    “The EFCC Act is further amended to establish an Economic and Financial Crimes Commission Court to handle all cases emanating from investigations carried out by the EFCC bothering on financial crimes.

    “The court so established shall have divisions in the six geo-political zones of the country.

    “The EFCC court shall consist of judge, a retired permanent secretary, with cognate experience of not less 15years on financial and procurement matters, a forensic financial expert with cognate experience not less than 17 years and the court shall have and exercise jurisdiction to the exclusion of any other court or tribunal on economic and financial crimes matters.

    “The court shall within 180 days dispense with any matter that is properly brought before it as appeals emanating from it shall only lie to the Court of Appeal and the court of Appeal shall within 90 days dispense with any matter brought before it from the judgment of EFCC Court,” he added.

    In his contribution, Chairman, House committee on Financial Crimes, Kayode Oladele (APC, Ogun), who also co-sponsored the bill reminded his colleagues of an existing bill on special crime courts considering the proposal for an EFCC court to try cases of financial crimes.

    He said: “There is need for us to bring all the special crimes such as cybercrime, terrorism, financial crimes together into one so that the special court can be fully operational”.

    While he supported operational autonomy for the agency, Oladele however called for caution over funding of the agency saying if passed into law as proposed, the funding sources might turn out to be over-pampering of the agency.

    Igariwey  Enwo (PDP, Ebonyi) said, “Mine is only a voice of caution because it is easy to give out powers but very difficult to take it back as this special court may have to serve as subordinate court to the state high courts”.

    Tajudeen Yusuf (PDP, Kogi) said, financial autonomy for the agency wpuld free it from the dictates of the any arm.of government,  “The amendment is designed to democratise and is intended to help us combat financial crimes but 0.1percent of Federal Government Internally Generated Revenue (IGR) is really huge,” he added.

    A number of lawmakers opposed the bill on the creation of special court saying that it would amount to usurpation of powers of the High Court and the alteration of the constitution.

    The bill was nonetheless unanimously passed after it was put to a voice vote.

     

  • Supreme Court okays jail term for soldier

    •To spend four years in prison for defiling minor

    The Supreme Court has upheld the four-year jail sentence handed to a soldier, Corporal Isah Ahmed, for defiling an 11-year-old girl.

    The court, in a unanimous judgment by a five-man panel, held that the General Court Martial and the Court of Appeal, Abuja Division (to which Ahmed had appealed) were right in convicting and sentencing Ahmed to four years imprisonment.

    The appeal, marked: SC/223/2013, was filed by Ahmed of Nigerian Army, Headquarters Garrison.

    Ahmed was, in 2005, arraigned before the General Court Martial on a one-count charge of defilement contrary to Section 78 of the Armed Forces Act CAP A 20 Laws of the Federation of Nigeria 2004.

    He was said to have defiled the 11-year old (name withheld) between January 4 and March 5, 2005.

    Ahmed, who was said to be a neighbour and family friend of the victim,  was said to have lured the girl into his apartment, in his wife’s absence, by asking the girl to buy soft drink for him.

    The military court sat at the Officers’ Mess, Mogadishu Contonment, Abuja. The Court Martial, in its judgment on August 29, 2005, found Ahmed guilty of the charge and sentenced him to four years imprisonment.

    He appealed to the Court of Appeal, Abuja Division, which also, in its judgment on March 18, 2010 upheld the decision of the Court Martial, a decision Ahmed appealed to the Supreme Court.

    In its judgment on July 1, the Supreme Court agreed with the Court Martial and Court of Appeal that the prosecution proved its case of defilement against the appellant (Ahmed).

    Justice Kudirat Kekekere-Ekun, who wrote the lead judgment, said “I am of the view that the lower court (Court of Appeal) was right when it affirmed the decision of the General Court Martial that the prosecution had proved its case against the appellant beyond reasonable doubt.

    “Furthermore, so long as a person has carnal knowledge of a girl of  or under the age of 16, whether it is with her consent or not, an offence is committed.

    “No special grounds have been shown by the appellant to warrant interference by this court with the concurrent findings of fact by two lower courts.

    “I, therefore, hold that the appeal lacks merit. It is accordingly dismissed. The judgment of the Court of Appeal, Abuja Division, on March 18, 2010, affirming the conviction and sentence of the appellant to a term of four years’ imprisonment by the General Court Martial is hereby affirmed,” Justice Kekere-Ekun said.

    Other members of the panel; Justices Olabode Rhodes-Vivour, Nwali Sylvester Ngwuta, Musa Dattijo Muhammad and Amiru Sanusi agreed with the lead judgment.

  • Ibinabo weeps as Court confirms five years’ jail term

    Ibinabo weeps as Court confirms five years’ jail term

    • Actress heads to Supreme Court

    The Court of Appeal Lagos Division, Friday dismissed an appeal filed by ex beauty queen, Ibinabo Fiberesima challenging a Lagos High Court judgement which sentenced her to serve five years in prison for the death of one Dr. Giwa Suraj.

    The embattled president of the Actors’ Guild of Nigeria (AGN) was sentenced by Justice Deborah Oluwayemi for reckless driving which caused the death of Suraj in an auto accident along the Lekki-Epe Expressway, Lagos.

    He was a staff of a Lagos State hospital.

    Dissatisfied, Fiberesima in her amended appellant brief filed by her lawyer, Nnaemeka Amaechina, urged the court to set aside the sentence and restore the decision of the Magistrate Court which sentenced her to a N100, 000 fine.

    But, delivering judgment Friday, the appellate court dismissed the appeal and affirmed the High Court’s judgment.

    In a unanimous decision delivered by Justice Jamilu Yammama Tukur the court held that the trial Magistrate Court lacked the discretion to grant Ibinabo an option of fine after her conviction.

    It held further that the appeal lacked merit and thereby dismissed it accordingly.

    Other members of the panel are Justice U.I. Ndukwe-Anyanwu (Mrs.) (presiding) and Justice Tijani Abubakar respectively.

    Ibinabo, who was visibly apprehensive throughout the proceeding, burst into tears immediately the judgment was delivered.

    The court had, at its last sitting, ordered her to appear before it on judgement day.

    Speaking on the judgement, her lawyer, Nnaemeka Amaechina, said it would be challenged at the Supreme Court adding that a Notice of Appeal had been filed already.

    The Commissioner of Police, Lagos State Command had in 2005 charged Fiberesima to an Igbosere Magistrates’ Court on a two-count charge of dangerous and reckless driving along the Lekki- Epe Expressway, Lagos which resulted in the death of Suraj.

    She was awarded a N100, 000 fine by the Court, but this decision was tested at the High Court by the Lagos State Government.

    At the High Court, Justice Oluwayemi set aside the option of N100, 000 fine imposed and sentenced Fiberesima to five years imprisonment for dangerous and reckless driving.

    She held that the trial Magistrate exercised judicial recklessness when he gave the convict an option of N100, 000 fine and this did not serve the purpose of justice.

    She subsequently ordered that the N100, 000 should be returned to Fiberesima.

    The court added that Section 28 of the Road Traffic Law clearly provides that where a reckless and dangerous driving has caused the death of a person, the accused person shall be guilty of an offence and is liable on conviction to imprisonment of seven years.

    Dissatisfied, Fiberesima in her amended appellant brief filed by her lawyer, Nnaemeka Amaechina before the Court of Appeal urged the court to set aside the five year sentence and restore the decision of the Magistrate Court.

    Amaechina had argued that the Magistrate’s Court exercised its discretion properly and there was no ground to review it by the high court.

    He submitted that by virtue of the Notice of Increased in Jurisdiction of Magistrates, No. 7 of 2006, the trial Magistrate could only impose a maximum of 7 years imprisonment or N100, 000.00 fine.

    He added that N100, 000.00 fine is the maximum limit the trial Magistrate can impose as fine and that was what it imposed on the appellant.

    In her response, counsel to Lagos State, Rotimi Odutola (Mrs.) argued that the law creating the offence of dangerous driving causing death has provided for a term of imprisonment as punishment for anyone convicted under section 28 hence the trial Magistrate ought not to exercise such arbitrary discretion to impose N100.000.00 as fine.

    Odutola further submitted that the children of the deceased have been permanently deprived of the ‘’measureless contributions’’ of their father to their lives as a result of his death caused by the appellant.

  • Human trafficker gets 10 years jail term

    A Benin socialite, Mrs. Eunice John Ayegidi, has been sentenced to a  10-year imprisonment for human trafficking.

    Mrs. Ayegidi, 48, was arrested in Ghana in 2012 and prosecuted by the Benin Zonal Command of the National Agency for the Prohibition of Traffic in Persons and Other Related Matters (NAPTIP).

    The court was told that Mrs. Ayegidi trafficked six girls to Ghana and accommodated them at a place called Prampram where the girls were used as commercial sex workers before they were rescued by the Ghanaian police.

    Mrs. Ayegidi was arraigned on an 18-count charge but she pleaded not guilty when they were read to her.

    She was convicted on nine counts, which included organising foreign travels, which promote commercial sex on counts one to six, procurement of persons for commercial sex counts seven to 12 and deceitful inducement counts 13 – 18.

    The jail term was without an option of fine.

    Justice Alero Adodo-Eruaga of the Edo State High Court said the jail sentence would serve as a deterrent to other traffickers.

    The judge noted that Nigerian girls were trafficked for exploitative commercial sex and in the process bringing shame to the nation.

    NAPTIP has launched “Root out the traffickers from the Root” at remote villages, markets and other public places to educate the people on the ills and dangers of human trafficking.

    The Benin Zonal Commander, Mrs. Oluchi Ebiringa, who led the first leg of the outreach, said it would not be business as usual for traffickers.

    She said: “Our new rural outreach operation will root out traffickers. We are moving ahead of them to remote villages and settlements.

    “We have resolved that if they (the traffickers) climb mountains, we shall climb them, if they pass through water, our operatives have been trained to pass through the same waters and catch up with them.

    “There is no escape route because they will meet us at every location even in the remote villages. The only option for them is to hands off and stop trafficking our promising children.”

  • Human trafficker gets 10 years jail term

    A Benin socialite, Mrs. Eunice John Ayegidi, has been sentenced to a  10-year imprisonment for human trafficking.

    Mrs. Ayegidi, 48, was arrested in Ghana in 2012 and prosecuted by the Benin Zonal Command of the National Agency for the Prohibition of Traffic in Persons and Other Related Matters (NAPTIP).

    The court was told that Mrs. Ayegidi trafficked six girls to Ghana and accommodated them at a place called Prampram where the girls were used as commercial sex workers before they were rescued by the Ghanaian police.

    Mrs. Ayegidi was arraigned on an 18-count charge but she pleaded not guilty when they were read to her.

    She was convicted on nine counts, which included organising foreign travels, which promote commercial sex on counts one to six, procurement of persons for commercial sex counts seven to 12 and deceitful inducement counts 13 – 18.

    The jail term was without an option of fine.

    Justice Alero Adodo-Eruaga of the Edo State High Court said the jail sentence would serve as a deterrent to other traffickers.

    The judge noted that Nigerian girls were trafficked for exploitative commercial sex and in the process bringing shame to the nation.

    NAPTIP has launched “Root out the traffickers from the Root” at remote villages, markets and other public places to educate the people on the ills and dangers of human trafficking.

    The Benin Zonal Commander, Mrs. Oluchi Ebiringa, who led the first leg of the outreach, said it would not be business as usual for traffickers.

    She said: “Our new rural outreach operation will root out traffickers. We are moving ahead of them to remote villages and settlements.

    “We have resolved that if they (the traffickers) climb mountains, we shall climb them, if they pass through water, our operatives have been trained to pass through the same waters and catch up with them.

    “There is no escape route because they will meet us at every location even in the remote villages. The only option for them is to hands off and stop trafficking our promising children.”