The Abuja division of the Federal High Court has sentenced former President Goodluck Jonathan’s Senior Special Adviser (SSA), Dr Doyin Okupe, to two years imprisonment after pronouncing him guilty of receiving over N200 million cash from former National Security Adviser (NSA), Col. Sambo Dasuki.
He was sentenced to two years on each of the 26 count charges in a term the judge said would run concurrently. The sentence is, however, with an option of fine to the tune of N500,000 on each of the charges, totalling N13 million to be paid before 4:30pm yesterday.
Justice Ijeoma Ojuwku, in her judgment, held that the action of Okupe, who is the first defendant in the suit filed by the Economic and Financial Crimes Commission (EFCC) violated the Money Laundering Act.
The EFCC had, in 2019, arraigned Okupe on a 59-count charge bordering on alleged money laundering and diversion of funds to the tune of N702 million. The prosecution agency alleged that Okupe received cash from the office of the National Security Adviser (NSA), while Sambo Dasuki was in office.
Delivering judgment yesterday, Justice Ojukwu pronounced Okupe guilty on 26 out of the 59 count charges against him.
The judge held that the money laundering Act provides that no individual or organisation shall receive any sum above N5 million and N10 million, respectively, without passing through a financial institution. She specifically held that “there is no evidence that the money passed through a financial institution”.
Justice Ojuwku said: “There is no evidence that the money passed through a financial institution. The NSA was not a financial institution.”
She added that even if the president was said to have authorised the funds, he did not say that the money must be paid in cash, in violation of the money laundering Act.
Consequently, the court held, “I find the first defendant, Dr Doyin Okupe guilty in count 34, 35, 36… 59.
The judge, however, found the defendants not guilty in counts 1 to 33 on the grounds that the prosecution failed to establish the charge of money laundering and criminal breach of trust and corruption against the NSA.
In counts 34 to 59 upon which Okupe was convicted, he was accused of receiving various sums ranging from N10 million on different occasions from 2012 to 2015 when he was SSA to president Jonathan. The said sum, according to him, were expended on running the office, payment of staff and image laundering of the former president and his administration. But the court, however, held that receiving such amounts in cash violated the money laundering Act.
Shortly after his conviction, his lawyer, Mr Francis Oronsaye, pleaded with the court to temper justice with mercy on the grounds that the defendant was a first time offender, a family man, who is also advanced in age and having health challenges that he is currently treating in Nigeria and outside the country.
Oronsaye, citing Section 310 of the Administration of Criminal Justice Act, urged the court to stand down the matter, to enable him call witnesses who would attest to the good character of Okupe.
Counsel to the second and third defendants equally lent their voices in the plea for mercy, adding that the convict was a mere victim of circumstances. Although the request was opposed by prosecution counsel, Mr Audu Ibrahim, the judge, however, stood down the matter, to enable the defendant to call his witnesses before handing down her sentence.
Before the sentence, his wife and son had begged the judge to temper justice with mercy on Okupe’s sentencing. Omolola and Adesunkanmi Okupe spoke as witnesses shortly after the court reconvened, following the defendant’s conviction.
Besides the wife and the son who testified to Okupe’s good character and honesty, Dr Chukwuemeka Ezeife and former Director-General of the National Orientation Agency (NOA), Dr Idi Farouk, also gave their evidence and appealed for leniency.
The judge had earlier stood down proceedings for Okupe to exercise his right under Section 310 of the Administration of Criminal Justice Act (ACJA), to call witnesses to testify about his character, before the court could proceed to pronounce sentence on the convict.
Meanwhile, the Labour Party Presidential Campaign Council (PCC) yesterday announced that Okupe has paid the option of N13 million fine.
The PCC Media Officer, Diran Onifade, made the disclosure in Uyo, the Akwa Ibom State capital ahead of the party’s rally in the state today.
He claimed that because it upholds the law, its representatives would swiftly comply with court orders. However, Onifade noted that Okupe’s decision to appeal the ruling was a personal one, adding that the PCC has no power to sway it.
