Reports have it that a Federal High Court in Abuja has sentenced Umar Hussain, a lawyer to the late Comptroller General of the Nigeria Customs Service (NCS), Abdullahi Dikko, to seven years imprisonment.
Justice Ijeoma Ojukwu delivered the sentence yesterday after convicting Hussain on a two-count charge in which he was accused of defrauding the NCS of N1.1 billion.
The charge was prosecuted by the Independent Corrupt Practices and other related offences Commission (ICPC).
The charge, which has the lawyer as the sole defendant, among others, reads: “That you, Umar Hussain, on or about April 6, 2010, in Abuja, by false pretence and with intention to defraud, induced Mr. Yemi Obadeyi, Managing Director of Cambial Limited, to pay N1,100,952,380.96 into the account of Capital Law Office, a private law firm owned by yourself, under the false pretence that you are an external solicitor to the Nigeria Customs Service, and you thereby committed an offence contrary to Section 1(1)(b) and punishable under Section 1(3) of the Advance Fee Fraud (AFF) and Other Fraud Related Offences Act, 2006.”
In her judgment, Justice Ojukwu, held that the prosecution proved its case against the defendant beyond reasonable doubt.
In sentencing Hussain, Justice handed him seven-years jail term on each of the two counts.
She gave him an option of fine of N50 million on each count, amounting to N100 million.
Justice Ojukwu said the sentence shall run concurrently.
After convicting Hussain, the judge ordered him to, in line with the provision of Section 310 of the Administration of Criminal Justice Act (ACJA), call witnesses to testify about his character before the court could pronounce the sentence.
The prosecuting lawyer, Olubunmi Ikupolati, drew the court’s attention to the provision of Section 11 of the AFF Act (2006) and urged the court to order that beside his conviction, Hussain should make restitution of the stolen funds.
Ikupolati faulted the argument by the defence lawyer, Naziru Umar, that it would amount to double jeopardy if his client, who is also facing a civil case before another court, was made to refund the money stolen.
He argued that the issue of double jeopardy did not arise in the matter since there was no existing judgment on the matter.
Umar urged the court to discountenance Ikupolati’s application, saying such a request would amount to double jeopardy since his client was also facing a civil matter at the FCT High Court.
One of the two witnesses, who testified about Hussain’s character, Amobi Nzelu (also a lawyer), urged the court to be lenient with him.
Nzelu pleaded with the court to sentence the convict to an option of fine.
The witness said the convict has four wives with children and aging parents, adding that he is the bread winner of the family.
In sentencing Hussain, Justice handed him seven-years jail term on each of the two counts.
She gave him an option of fine of N50 million on each count, amounting to N100 million.
Justice Ojukwu said the sentence shall run concurrently.
She gave him an option of fine of N50 million on each count, amounting to N100 million.
Justice Ojukwu said the sentence shall run concurrently.
