NAIRA ABUSE: BOBRISKY CHALLENGES CONVICTION, FILES APPEAL
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By Aishat Momoh. O.
Idris Olanrewaju Okuneye, a.k.a. Bobrisky, a controversial cross-dresser and socialite has filed a notice of appeal contesting his conviction on four counts of Naira abuse.
Bobrisky is requesting the court to throw aside the six-month prison term that was imposed on him and replace it with the option of a fine of N50,000 (fifty thousand naira) on each of the counts against him in his Notice of Appeal, which was submitted by his attorney, Bimbo Kusanu.
Bobrisky was sentenced to six months in prison without the possibility of a fine on April 12, 2024, by Justice Abimbola Awogboro of the Federal High Court, Lagos, for misusing Nigerian Naira notes.
When the offender was being sentenced, the judge stated that the ruling would discourage those who like mistreating and disfiguring Naira.
Bobrisky entered a guilty plea on April 5 to the four counts that the Economic and Financial Crimes Commission (EFCC) had brought against him in court.
Nonetheless, the appellant claimed in his Notice of Appeal that the trial court had given him the maximum penalty even though he had no prior criminal convictions and that the ACJA’s provisions would have allowed for a lesser term.
He argued that the trial court’s punishment was severe and went against the ACJA’s mandated sentencing guidelines.
The appellant further claimed that when he entered a guilty plea to the charge, the judge did not take into account his positive antecedent of sparing the trial court’s valuable judicial resources.
He went on to say that the respondent (the EFCC) extended an invitation to the appellant on the first occasion during the course of the inquiry that resulted in the accusation.
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.”
As a result, he asked the court to overturn the maximum 6-month prison term that had been imposed on him and instead penalise the appellant with N50,000 (fifty thousand naira) for each of the counts against him.
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