Two chieftains of the Peoples Democratic Party in Bauchi State, Saleh Gamawa and Aminu Gadiya, have been sentenced to two years in prison over an attempt to influence the 2015 election.
Justice Hassan Dikko of a Federal High Court in Bauchi convicted and jailed the duo on a two-count of conspiracy and money laundering to the tune of N142,460,000 proffered against them by the Economic and Financial Crimes Commission.
The Head, Media and Publicity, Wilson Uwujaren, in a statement on Saturday, said Justice Dikko convicted the duo on March 2.
He noted that the defendants were first arraigned on June 4, 2018 and re-arraigned on October 16, 2018 on a two-count for allegedly receiving over N142 million to influence the outcome of the 2015 presidential elections in Bauchi State.
Count one of the charge read, “That you, Saleh Gamawa and Aminu Gadiya, all members of the Finance and Funds Disbursement Committee of the Peoples Democratic Party 2015 General Elections, and in such capacities sometimes in March 2015 in Bauchi State within the jurisdiction of this Honourable Court did agree amongst yourselves to commit an offence, to wit; Conspiracy to accept cash payment exceeding the threshold provided by law, thereby committed an offence contrary to Section 18(a) and punishable under Section 16(2) (b) of the Money Laundering (Prohibition) Act, 2012( as amended) now No.1, 2012.”
Count two read, “That you, Sale Gamawa and Aminu Gadiya, all members of the Finance and Funds Disbursement Committee of the peoples `Democratic Party 2015 General Elections, and in such capacities sometime in March 2015 in Bauchi State within the jurisdiction of this Honourable Court did accept cash payment of N142,460,000m from the Directorate of Finance, Bauchi State PDP Campaign Organisation exceeding the required threshold of cash payment, thereby committed an offence contrary to Section 1, 16(1)(d) and punishable under Section 16(2)(b) of the Money Laundering ( Prohibition)Act, 2011 (as amended) now No.1, 2012”.
A spokesman for the
Anti-Graft Agency also noted that the defendants have pleaded not guilty to the charges, thereby preparing the case to go to trial.
During the course of the trial, the prosecution presented witnesses and produced documents identified as Appendices A1, A2 and A3. Both defendants testified in their respective defenses.
Upon completion of the evidence hearing, the final written address was submitted, exchanged and accepted on 17 January 2023.
Meanwhile, the defense argued that the evidence presented by the prosecution against the defendant was not credible and asked the court to acquit and acquit the defendant. Judge Ditko then reserved judgment for March 2, 2023.
Uujaren said: He indicted and convicted the defendant under count 1 beyond a reasonable doubt. However, he released his second defendant and was acquitted on count two.
According to Justice Dikko, “The fact that the defendants in this instant case endorsed exhibit A1, A2 and A3 to receive cash to the tune of N142,460,000m well in excess of the legal threshold designated by law, there can be no other conclusion but that the defendants conspired to so commit the offence and I am satisfied beyond a reasonable doubt. It is rather astonishing that in the defence of the count, the defendants completely disregarded the damaging evidence of exhibits A1, A2, and A3, lying right before the court. I, therefore, find the first and second defendants guilty of conspiracy as charged in count one and are accordingly convicted.”
On Count two, he said, “I have relied almost entirely on Exhibits A1, A2 and A3, and close scrutiny of the exhibits demonstrates that the first defendant, Saleh Gamawa received N105, 840,000m in Exhibit A1, N27,650,000m in Exhibit A2 and N8, 970,000m in Exhibit A3, summing up to N142,460,000m all in the presence of, or witnessed by the second defendant Aminu Gadiya. The content of these documents leaves no one in doubt as to who received the money, that is Saleh Gamawa (first defendant) who is a natural person from the Bauchi State PDP Campaign Organization (Director of Finance) which is not a designated financial institution, and for the purpose of payment to participants during the National and presidential elections.
“The offence under Section 1 of the Money Laundering (Prohibition) Act, 2012 is one of strict liability. The mere fact of paying or receiving cash over the threshold, as evidenced by this forensic evidence, is sufficient to establish a conviction, and here again I am unequivocally satisfied. I therefore hold the first defendant guilty and sentence accordingly. The second defendant is thereby acquitted and acquitted on this count.
Uwujaren further said in his minutes that the first defendant urged the court to be tolerant and to soften justice with mercy.
“I have a large family and my brother is blind and unable to take care of them. I am asking the court for forgiveness because it will not help me."
A second defendant also sought a pardon, claiming that he was a pensioner and did not benefit from the money.
Before sentencing the defendants, Judge Dicko upheld their leniency pleas, but argued that they must be punished for acting as a deterrent to others. : "I will be lenient because I will take into account your request that you have a family member who will suffer in your absence, but your crimes should not be punished appropriately to discourage others in society from doing the same."
As a result, he sentenced the first and second defendants to two years' imprisonment at the Bauchi Correctional Service, or a fine of N3 million each instead of imprisonment on the first count. handed over. the first defendant