- Bobrisky argued that the decision of the Court to impose the maximum sentence on him with no previous record of criminal conviction when there are options to impose a lesser punishment by the provisions of the ADCJA, amounted to miscarriage of justice
Controversial cross-dresser, Idris Olanrewaju Okuneye, popularly known as Bobrisky, has asked the Lagos Division of the Court of Appeal to set aside the six-month maximum imprisonment sentence imposed on him by Justice Abimbola Awogboro of the Federal High Court.
Bobrisky is instead asking the appellate court to impose on him a N50,000 fine on each of the counts preferred against him.
Justice Awogboro had jailed Bobrisky for six months without an option of fine after he pleaded guilty to a four-count charge of abuse of the Naira brought against him by the Economic and Financial Crimes Commission (EFCC).
The judge had held in her judgement that the punishment would serve as a deterrence to others who are fond of abusing and mutilating the Naira notes.
But, dissatisfied with the verdict, the celebrity convict, in his Notice of Appeal, argued that the decision of the lower Court to impose the maximum sentence on him with no previous record of criminal conviction when there are options to impose a lesser punishment by the provisions of the ADCJA, amounted to miscarriage of justice.
Bobrisky, through his lawyer, Bimbo Kasanu, averred that the sentence imposed by the trial Court against him is punitive contrary to the mandatory provisions of the Law (ADCJA) on sentencing.
The lawyer also submitted that 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.
Kasanu further stated that the Appellant honoured the invitation of the Respondent EFCC on the first invitation during the investigation, leading to the charge.
Part of the decision of the lower court complained of reads: “The sentence of the Lower Court that imposed the maximum penalty of six-months imprisonment without option of fine on the Appellant who is a first-time convict without a previous record of a criminal conviction.
“The Learned trial Judge erred in Law and facts by his imposition of the maximum sentence of 6 Months imprisonment terms against the Appellant without the option of fine contrary to the provisions of Section 416(2) d of the Administration of Criminal Justice Act of 2015 (“ADCJA”) 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 with no previous record criminal of conviction when there are options to impose a lesser punishment 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 (ADCJA) on sentencing.
“The Appellant has suffered a 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 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 a miscarriage of justice against the Appellant,” the lawyer argued
He, therefore, urged the Appellate court to set aside the six-month maximum imprisonment sentence imposed on him and, in its place, impose a fine of N50,000 on each of the counts against the Appellant.
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