Posted by From George Oji and Lillian Okenwa in Abuja on
Former Inspector General of Police (IGP), Mr. Tafa Balogun was yesterday sentenced by a Federal High Court, Abuja to a six months imprisonment for concealing vital information to the Economic and Financial Crimes Commission (EFCC) over his alleged business concerns and interests in some companies amounting to over N17.7 billion.
Former Inspector General of Police (IGP), Mr. Tafa Balogun was yesterday sentenced by a Federal High Court, Abuja to a six months imprisonment for concealing vital information to the Economic and Financial Crimes Commission (EFCC) over his alleged business concerns and interests in some companies amounting to over N17.7 billion.
The former police boss who pleaded guilty to eight of the 56 count-charges directly affecting him was convicted for six months in each of the charges, which is however to run concurrently.
Reacting to the court verdict, Chairman and Chief Executive of EFCC Mallam Nuhu Ribadu welcomed it as a positive development in the fight against corruption.
Speaking with THISDAY in his Abuja office Ribadu said the judgment would send the message that nobody is above the law and that justice would catch up with anybody who engages in corrupt practices irrespective of his/her position or backers.
The court verdict is believed to be the culmination of the series of plea bargain being worked out by Balogun's lawyers and those of EFCC for the past two months.
Balogun who appeared very unruffled by the judgment announced to newsmen at the end of the session that he would bounce back.
He was directed by the court to pay N500, 000 on each of the eight counts charges totaling N4 million.
The presiding Judge, Mrs. Justice Binta Nyako in passing the sentence said the entire period Balogun spent in detention should count as part of the six months imprisonment. Having spent a total of 67 days in detention, Balogun will be spending about 4 months in prison custody.
The court also directed that Balogun forfeits all his assets while ordering the Corporate Affairs Commission (CAC) to strike out his companies' names from its register.
The number of properties to be forfeited as listed by the EFCC totaled 14. They are located in choice parts of Lagos and Abuja.
Held Nyako, 'The accused occupied the highest position in the country's police as Inspector General. It is his constitutional duty to cooperate with security agencies and should have known better, to uphold the laws of the land.
"Nobody is above the law. However, he has shown remorse and taking into cognisance he did not waste the time of the court by pleading guilty, he is hereby sentenced to six months imprisonment on all counts. The sentence is however to run concurrently."
Responding to newsmen at the end of the session, Balogun said: 'Life goes up and down. Today I am down but I will rise again. I will bounce back. I will bounce back. I will bounce back.!"
After Balogun had pleaded guilty at the resumed session of the suit brought by the EFCC yesterday, the prosecution, Mr. Rotimi Jacobs said that going by section 218 of the Criminal Procedure Act (CPA) the accused is at liberty to plead guilty to the charges but that before he could be convicted, the court must be sure he pleaded guilty to the essential ingredients of the offence.
'The pleading must be clear. He must admit committing the offence. Therefore he must make up his mind whether he wants to plead guilty or not. He cannot dilly-dally. If he has any doubt he must consult his lawyer. I think he must accept the ingredients of the offence before anything else so he does not change his mind along the line.
'The prosecution must present all the facts which must be admitted by the accused," Jacobs said.
In response, Balogun's lead counsel, Chief Adegboyega Awomolo, SAN, pointed out that the court record is what counts and that since the court has taken note of his plea it will be unfair to allow the prosecution counsel expatiate on the various offences.
'Where the accused has already pleaded guilty to all the charges, I'm afraid it's like beating a dead horse with a sledge hammer.
"I think it's enough to deliver a judgment but if your lordship is disposed to the prosecution's position, we have no choice but to comply," Awomolo observed.
While insisting that he is being guided by the law, Jacobs said the main ingredient of the case is that Balogun refused to disclose his interests.
Making further submissions, Jacobs said: 'I urge that the court base its decision on the plea of the 1st accused (Balogun). Count 1 to 48 were offences under section 14(1) of the Money Laundering Prohibition Act of 2003 and 2004.
'The evidence of transfer is clearly shown. Count 1 to 7 and 41 shows that Olatrade in particular transferred various sums to acquire shares. Transfer of funds is clear in this case to buy shares in the name of the 1st accused. The sources of this money are they are
proceeds of illegal act.
'Funds were paid in through contractors of the Nigeria Police (could be referred to in Nigerian parlance as kick backs), direct payment from banks in which the Nigeria Police has accounts. The third is gifts from individuals. The gifts were induced. There are others such as payment to Societe Generale bank and others.
'The aim is to conceal this illegal money by acquiring shares, landed properties as stated in the charge sheet.
'Count 1 to 48 are offences under the Money Laundering Offences Act and it attracts a minimum of 2 years imprisonment but not more than 3 years.
'However, where the convict is a body corporate, you will be guided by section 18 of the same Act. Under 18(2), the court has powers to order that the company be wound up and that the assets be forfeited to federal government.
'As per 49 to 56, though it looks simple your lordship has power under section 38(2) b of the Act to convict for not more than five years and my lord may also fine the convict for an amount not below N500, 000. By the provisions of section 7(2) a and 30 of the Act (establishment Act), read together you can order confiscation or forfeiture of the assets of the convict. Any asset that form the subject matter of the crime.
'We do not have record he has been convicted before. We presume he is a first offender. It is not the duty of the prosecution to ask the court to give maximum sentence to the accused but we ask that it be balanced in the interest of the state, the accused and the court.
'This is considering that the accused changed his plea to save the time of the court and to send signals to the society that nobody is above the law." Nyako said she was satisfied with the accused's plea that he is guilty as charged.
Awomolo and Miss Omotola Adu who represented Balogun's companies urged the court to temper justice with mercy as he is not only a first offender but pleaded guilty before conviction.
Awomolo added: 'The pronouncement of conviction by this court on the person of the 1st accused having regard to his status before the criminal proceedings constitutes an indelible stain both nationally and internationally.
'He is a first offender. He has suffered general damages in health, physique, trauma, anxiety and untold hardship by reason of the trial. He has shown remorse and if given another opportunity he will live a life worthy of a responsible citizen of Nigeria.
"He will rise from today and join the brigade on war against corruption. A vanguard unequaled in strength against corruption.
Ribadu told THISDAY that, "As good members of the society we accept court judgments, we stand by and abide by it. It is the decision of the court. We have taken the case to court and the court has pronounced today.
"We feel that from our own side we have done our best and I think it is a big development because for the first time in our civilised history, we have got high profile conviction for corruption; not under the military, not under military tribunal but a regular court convicting a very senior public officer for corruption. I think this is a big development, the starting point.
"We can comfortably say that the revolution is on and there is no going back. We think we have succeeded in turning Nigeria into a battle ground against corruption.
On October 14, EFC re-arrested the former IGP Balogun following the Commission's filing of 56 fresh charges against him.
The re-arrest was premised on the revocation of his bail by an Abuja Federal High Court presided by Justice Binta Murtala Nyako. EFCC lawyer, Jacobs had urged the court to revoke the bail given that fresh charges have been filed against the accused following the discovery of N1.1 billion found lodged at Bond Bank Limited.
This is aside from the initial N17.7 billion money laundering and theft charge initially leveled against him.
At the time of his initial arrest earlier in the year, the EFCC filed 70 charges against him and later scaled it down to 50. The charges were all based on money laundering, theft, embezzlement and illegal acquisitions.
Jacobs said the Commission filed the 56 'further amended charge" which Balogun's lawyer Chief Adegboyega Awomolo, SAN described as a radical departure from the previous is as a result of new developments in their investigations.
Among the discoveries the lawyer told journalists after the court rose is the N1.19 billion found at Bond Bank Limited.
Awomolo however, objected to the charges being read to his client as they were only served yesterday morning in the court. Meanwhile Nyako ordered that Balogun be remanded in police custody till November 7, the next adjourned date.
Within this period, Balogun was said to have entered a plea bargain with EFCC.
On November 17, he formally withdrew his suit at a Federal High Court Abuja challenging the rights of the Economic and Financial Crimes Commission (EFCC) to institute and investigate the criminal charges they filed against him.
Following the withdrawal Justice Stephen Jonah Adah struck out the suit. No reason was advanced for the action.
The embattled former IGP is also expected to withdraw the other suits he filed in other courts challenging the constitutionality of the crimes commission. On June 1,2004, he challenged the constitutionality of the EFCC to prosecute him on a 50-count charge.
He urged the court to declare as illegal and unconstitutional, the Act of the National Assembly (EFCC Act 2004), which established the Economic and Financial Crimes Commission