Outrage as N27billion pension thief walks away a free man

Can Nigeria laws really fight corruption?

This poser ran through reactions to a two-year jail term given to a man  belonging to the Police Pension Board (PPB).

A former head of the Police Pension Board, Yakubu Yusufu, who confessed to embezzling N27 billion got a two-year jail term from an Abuja High Court. 

The court also gave him the option of paying N750, 000 and walking away a free man. But it ordered that Yusufu forfeits a property valued at N325 million.


While delivering his judgment, the position of the law and the plea of Yusufu’s counsel, Mayaki Thoedore Bala, that he “tempers justice with mercy” seemed to weigh heavily on the mind of the trial judge, Justice Abubakar Talba.

Justice Talba held that Section 309 of the Penal Code under which the accused persons were charged provides for a two-year imprisonment with an option of fine or both if found guilty. Accordingly, he had no trouble reaching the decision to give a two-year sentence for each count expected to run concurrently or an option of N250,000 per count.

He noted that the convict with no previous criminal record, voluntarily pleaded guilty to the charges for which he was standing trial and had agreed to forfeit the money he stole as well as the property he acquired with the ill-gotten money.

The lenient nature of the sentence was underscored by the reaction of Yusuf’s lawyer, Maiyaki Bala, who said his client was ready to pay the fine immediately after the sentencing.

With EFCC lawyer, Mr. Rotimi Jacobs (SAN), noticeably close to tears, Bala told journalists that they intended to take up the option of fine immediately.

A displeased Jacobs protested the option of fine given to the convict, noting that it mocked the anti-corruption campaign of the Goodluck Jonathan administration.

In a statement later on Monday, the EFCC condemned the judgment. The commission said it would study the judgment and respond appropriately.

Parts of the statement signed by its spokesman, Mr. Wilson Uwajaren, reads, “The EFCC has expressed reservation about the ruling of an FCT High Court, Abuja which handed a six-year-jail term with the option of N750,000 fine to John Yakubu Yusufu, one of the persons standing trial in the N32.8bn Police Pension scam.

“Justice Mohammed Talba convicted and sentenced Yusufu to two years’ imprisonment with the option of N250, 000 fine on three of an amended 20-count.

“The commission is of the view that the option of fine runs contrary to the understanding between the prosecution and the defence wherein the convict consented to a custodial sentence with the forfeiture of all assets and money that are proceeds of the crime.”

Reacting to the judgment on Monday, a professor of law and Senior Advocate of Nigeria (SAN), Itse Sagay, said even though he was not a crime lawyer, he was aware that the law for such offences provides for at least a 14-year imprisonment. 

“This particular stealing is aggravated not just because of the amount of money involved but because of the people affected. Those are the people who have served this country in their prime; spent their years serving this country and are now dying in penury. To me, he deserves a capital punishment”, he declared, adding that the two- year sentence was quite surprising to him.

Also, the chairman of the Ikeja branch of the Nigerian Bar Association (NBA), Onyekachi Ubani, said that something drastic had to be done to amend the penal code that provided for such penalty.

“It encourages impunity. If it is true that the provision of the law says two years, it does not make for the orderliness of the society. Punishments are supposed to serve as deterrent, but this type will encourage more crime. What is two years?” he queried, adding that the National Assembly should as a matter of urgency amend the penal code to provide for a stricter punishment.