Justice Mohammed Idris of a Federal High Court in Lagos has sentenced two officials of the Independent National Electoral Commission (INEC), Christian Nwosu and Tijani Bashir, to a cummulative jail term of 66 years over N264.8 million poll fraud.
Nwosu, a former INEC’s Administrative Secretary in Kwara State was on Thursday convicted alongside his co-accused by the judge after they were both found guilty of the alleged offence. Sentencing was however reserved till yesterday owing to Nwosu’s absence.
In his final verdict, Justice Idris noted that the convicts were officials of INEC and were expected to conduct themselves as impartial umpires in carrying out their activities.
“I understand it to be the mission of INEC to serve as an independent and effective election management body that is committed to the conduct of free, fair and credible election for sustainable democracy in Nigeria. “These convicts by their conducts acted in breach of these objectives. Their actions were a disgrace to the institution and a threat to democracy. “INEC officials must be made to understand that their conduct must be within the ambit of the law and that anyone who breaches the law will be dealt with to the full extent of the law.
“It must be understood that leadership and governance are serious matters that should be handed over to the most patriotic, best informed minds and the brightest brains for purposes of accountability, responsibility and prosperity of our nation. “This country must not be allowed to descend into anarchy, despondency and political infamy by the conduct of an official of government.
“This country cannot afford an unhealthy electoral body as we go into the forthcoming election. INEC must note that this country deserves a credible election. Anyone that acts contrary to the law will be dealt with. “In this regard, the country only needs those with indomitable courage and impeccable political will to perform this duty and those who play ignoble role must be identified.
“Evil communication, they say, corrupts good manners. In the light of the alocutus, the court will temper justice with mercy to the extent only permitted by the law. “Again, a strong message must be sent to INEC that the eyes of the world is on them. The entire nation is watching and those who decide contrary to their code of office will be identified.
“When they are identified, they will be prosecuted and if found guilty will be punished severely”, Justice Idris held. He consequently sentenced Nwosu to seven years imprisonment on counts one and two, and five years on counts three and four.Justice Idris also sentenced his co-accused, Bashir to seven years on count five, six, seven and eight.
Both of them also bagged seven years each on count 9. The sentences are, however, to run concurrently. The judge also ordered the forfeiture of a property in Asaba valued at N25 million, as well as N5 million cash seized from Nwosu to the Federal Government. The judge also ordered the forfeiture of a property situated in Abuja owned by Bashir to government. Prior to the court’s final verdict, the convicts’ lawyers, Victor Opara and K. I. Marcus, urged the court to tamper justice with mercy, particularly as their clients were first time offenders. In his allocutus, Nwosu’s lawyer, Victor Opara, said the 64-year-old man who has served in INEC for 35 years is unwell. Bashir’s lawyer, K.I. Marcus, also urged the court to consider that his client is a single parent who lost his wife last October and is taking care of four children alone.
The duo were on March 7, 2018 re-arraigned before the court by the Economic and Financial Crimes Commission (EFCC) on a nine-count charge of conspiring together to directly take possession of the money which they reasonably ought to have known forms part of an unlawful act. They however pleaded not guilty to the charge. The money was said to be gratification from a former Minister of Petroleum Resources, Mrs. Diezani Alison-Madueke, to rig the 2015 general election.
The convicts were charged with another INEC official, Yisa Adedoyin, who had earlier pleaded guilty to the offence and was convicted following a plea bargain. Nwosu had initially equally pleaded guilty to receiving N30 million bribe from Mrs. Alison-Madueke to rig the 2015 general election results at his initial arraignment on 5th April, 2018. He however opted out of the plea bargain arrangement he had with EFCC following which he was re-arraigned alongside Bashir.
EFCC said the convicts made cash payment of N70,050,000 to Adedoyin, which exceeds the amount authorised by law without going through a financial institution. Bashir was accused of indirectly taking possession of and retaining N164,880,000, which he reasonably ought to have known forms part of gratification, and concealing N30 million, being part of the proceeds of an unlawful act: “criminal misappropriation”. The alleged offences were committed on March 27 and April 7, 2015 and violated provisions of the Money Laundering Prohibition Act.