NAIRA ABUSE: BOBRISKY APPEALS AS EFCC ARRAIGNS CUBANA CHIEF PRIEST
Controversial cross-dresser and socialite, Idris Olanrewaju Okuneye, popularly known as Bobrisky, has filed a notice of appeal challenging his conviction on a four-count charge of Naira abuse.
In his Notice of Appeal filed by his lawyer, Bimbo Kusanu,
Bobrisky is asking the court to set aside the six months imprisonment sentence
imposed on him and replacing same with the option of a fine of N50,000 (Fifty
Thousand Naira) on each of the counts against him.
On April 12, 2024, Justice Abimbola Awogboro of the Federal
High Court, Lagos had sentenced Bobrisky, to six months imprisonment without an
option of fine for abusing the Nigerian currency.
The judge while sentencing the convict, said the judgment
would serve as a deterrent to others that are fond of abusing and mutilating
the Naira.
On April 5, Bobrisky had pleaded guilty to the four-count
charge preferred against him by the Economic and Financial Crimes Commission
(EFCC) before the court.
In his Notice of Appeal, however, the appellant stated that
the trial court imposed the maximum sentence on him despite having no previous
record criminal of conviction and when there were options to impose a lesser
sentence by the provisions of the ACJA.
He submitted that the sentence imposed by the trial court is
punitive contrary to the mandatory provisions of the ACJA on sentencing.
The Appellant also stated that the judge did not consider
his positive antecedent of not wasting the precious judicial resources of the
trial court when he pleaded guilty to the charge.
He further stated that the Appellant honoured the invitation
of the Respondent (the EFCC) on the first invitation during the investigation
leading to the charge.
Part of the decision of the lower court complained of are
“The sentence of the Lower Court that imposed maximum penalty of six-months
imprisonment without option of fine on the Appellant who is a first time
convict without previous record of criminal conviction.
“The Learned trial Judge erred in Law and in facts by his
imposition of the maximum sentence of 6 Months imprisonment terms against the
Appellant without option of fine contrary to the provisions of Section 416(2) d
of the Administration of Criminal Justice Act of 2015 (“ACJA”) that prescribed
the mandatory guidelines on the trial Court on imposition of sentencing after
criminal conviction of a first time offender as the Appellant.
“The trial Court imposed the maximum sentence on the
Appellant who has no previous record criminal of conviction when there are
options to impose a lesser sentence by the provisions of the ADCJA.
“The Sentence imposed by the trial Court against the
Appellant is punitive contrary to the mandatory provisions of the Law (ACJA) on
sentencing.
“The Appellant has suffered miscarriage of Justice by the
maximum sentence imposed by the learned trial Court.
“The reasons adduced by the learned trial Court for the
imposition of maximum punishment on the Appellant which is essentially on what
foreigners think of abuse of Naira, is perverse and is out of tune with the
reality of what the trial Court should have been considered to impose maximum
punishment on the Appellant.
“The intendment of the provisions of the Central Bank Act
2007 that the Appellant was charged with is for Nigerians not to tamper with
Naira and not what nationals of foreign countries view about tampering with
Naira.
“The trial Court did not consider the positive antecedent of
the Appellant who did not waste the precious Judicial resources of the trial
Court when he pleaded guilty to the Charge. The Appellant honoured the
invitation of the Respondent-Economic and Financial Crimes Commission (EFCC) on
the first invitation during the investigation leading to the charge”.
“The trial Court failed to exercise his discretion
judiciously and judicially in sentencing the Appellant. which has occasioned
miscarriage of justice against the Appellant.”
Consequently, he urged the court to set aside the 6 months
maximum imprisonment sentence imposed on him and in its place impose fine of
N50,000 ( Fifty Thousand Naira) on each of the counts against the Appellant.
Days after the EFCC arraigned controversial cross-dresser
Idris Okuneye better known as Bobrisky on similar charges for which he was sentenced
to a six-month jail term the Economic and Financial Crimes Commission (EFCC)
has also filed a three-count charge against popular Instagram celebrity Pascal
Okechukwu also known as Cubana Chief Priest for allegedly spraying and tamperCubana
Chief Priest will be arraigned on Wednesday, April 17th, 2024 before Justice
Kehinde Ogundare of the Federal High Court, Lagos.
The charge was filed on April 4th by EFFC’s prosecutor
Rotimi Oyedepo (SAN) alongside seven other lawyers representing the chairman of
the Commission.
In Count 1, it was alleged, “that you, Okechukwu Pascal on
13th Feb. 2024, at Eko Hotel, within the jurisdiction of the court, while
dancing during a social event, tampered with funds in the denomination of N500
(Five Hundred Naira) issued by the Central Bank of Nigeria by spraying same for
two hours, and you thereby committed an offence, contrary to and punishable
under Section 21(1) of the Central Bank Act 2007”.ing with the naira at a
social event contrary to the provisions of the Central Bank Act of 2007.
In count 2, it was alleged, “that you Okechukwu Pascal
sometime in 2020, in Lagos during a social event, tampered with funds in the
denomination of N500 (Five Hundred Naira) issued by the Central Bank of Nigeria
by spraying same for two hours, and you thereby committed an offence, contrary
to and punishable under Section 21(1) of the Central Bank Act 2007”.
In Count 3, it was alleged, “that you Okechukwu Pascal
sometime in January 2024, in Lagos during a social event, tampered with funds
in the denomination of N500 (Five Hundred Naira) issued by the Central Bank of
Nigeria by spraying same and you thereby committed an offence, contrary to and
punishable under Section 21(1) of the Central Bank Act 2007”.
He pleaded not guilty to the three-count charge filed against
him by the Economic and Financial Crimes Commission (EFCC).
After he pleaded not guilty, the court granted him bail in
the sum of ₦10m with two responsible sureties in like sum who must be gainfully
employed with the federal or state government and not less than grade level 16.
The sureties are to have landed property and the document
must be verified by the court.
Cubana Chief Priest is also to submit his travel passport to
the custody of the court.
The bail conditions must be perfected within seven days but
in the meantime he was released to his lawyer who must give an undertaken to
produce him later. Failure to do so, he will be remanded in correctional
facility.
Meanwhile, the defendant also informed the court of his
pending application to challenge the jurisdiction of the court to hear the
charge.
Justice Ogundare has adjourned till May 2nd to hear the
application.
Comments