Posted by Written by Ousman Darboe on
Ifi Cancace, one of the Nigerian counterfieters in the faked US$81,200 case was yesterday convicted to a fine of D10,000, in default to serve two years imprisonment by Magistrate Amina Saho ceesay of Banjul magistrate court.
Ifi Cancace, one of the Nigerian counterfieters in the faked US$81,200 case was yesterday convicted to a fine of D10,000, in default to serve two years imprisonment by Magistrate Amina Saho ceesay of Banjul magistrate court.
Mr Cancace pleaded guilty to the counts for being in possession of fake dollar notes, with intent to defraud the economy of the country, contrary to the laws of The Gambia.
Mr Cancace is charged together with Victor Egbo, another Nigerian, on two counts. They were charged with conspiracy and possession but Victor Egbo pleaded not guilty to both charges.
Cancace who pleaded guilty to both charges was later used by prosecutor Superintendent Burama Dibba, as a prosecution witness.
However, the presiding magistrate, Amina Saho, ruled that the court cannot continue to go and convict one accused person in favour of the other accused who pleaded guilty. 'If one is to be acquitted both should be acquitted or the charge be quashed,'' she said.
Prosecutor Dibba then cited section 68 subsection 1 of the criminal procedure code and applied it to withdraw count one,which is conspirary . The application was granted by the court.
Earlier, the counsel for Mr Cancace, Emmanuel Chime in his mitigation, told the court that the accused is a first time offender and has not wasted the court's time. 'The accused has sincerely apologised and has shown remorse regarding what had transpired. I plead with the court not to impose custodial sentence and urged you to give sentence with an option of fine that is reasonable", Chime said.
Lawyer Chime said the accused has no father, mother or relative in the country to come to his aid. 'I refer your worship to the case of Lang Conteh and the state who has not also wasted court's time and was given a lenient sentence".
He added that in the UN charter, it is an offense to shoot somebody who has surrendered in the battle field. 'To surrender makes no harm", Chime said.
In her judgement, Magistrate Saho-Ceesay said offense of this nature cannot go unpunished. The accused, Mr Cancace, is hereby convicted to a sum of D10,000, in default to serve two years imprisonment,'' she concluded.