Newsexpress place banner advert Yudala genuine products
Igbinedion: Judgment in line with the law, says Njoku

By News Express on 16/05/2015

Share on facebook Yahoo mail icon Gmail icon

Views: 1,921


The Executive Director, Constitutional Watch, Ahams Njoku, has described the recent judgment of a Federal High Court, Benin, that imposed a fine of N3 million on Michael Igbinedion on the charge of the breach of the Money Laundering Act, as “not only fair but according to the law.”

Njoku, who is also a Lagos lawyer, said in a statement, a copy of which was made available to News Express this morning: “The judgment of the court presided over by Hon. Justice Abubakar Liman appears to have generated some concern from members of the public, especially those who are not lawyers. They seem to be at a loss as to why the money that was said to be laundered stood above the fine to be paid by Mr. Igbinedion. The first thing to note is that the offence appears to be a strict liability one.”

Referring to the extant law, Njoku remarked: “Mr. Igbinedion was said to have accepted cash payments of the sums of N10,309,000 and also N21 million contrary to the Money Laundering Act (Section 15(1) 2004) which provides that ‘No person or body corporate shall, except in a transaction through a financial institution, make or accept cash payment of a sum exceeding – (a) N500,000 or its equivalent, in the case of an individual.’ So even if the convicted person used the money judiciously he is still liable.

“The next issue to consider is the sentencing under the Money Laundering Act (Section 15(2) 2004 thereof). It provides: ‘A person who commits an offence under sub-section (1) of this section shall be liable on conviction – (b) in the case of an offence under paragraph (d) – (f) where the offender (1) is an individual, to a fine of not less than N250,000 or more than N1,000,000 or a term of imprisonment of not less than 2 years or more than 3 years or to both fine and imprisonment.’ In other words, the judge has the discretion to either sentence the person to an option of fine or he can sentence the person the prison. He can also fine the person and at the same time send him to prison. But the thing to note is that the judge in exercising this discretion is guided by the law and judicial precedent.”

Njoku, a prolific author of legal books, added: “Further by virtue of Section 36(12) of the 1999 Constitution of the Federal Republic of Nigeria, a court can only impose a sentence as prescribed by the law. It provides: ‘Subject as otherwise provided by this constitution, a person shall not be convicted of a criminal offence unless that offence is defined and the penalty therefore is prescribed in a written law; and in this subsection, a written law refers to an Act of the national Assembly or a Law of a State, any subsidiary legislation or instrument under the provisions of a law.’ Any attempt by the judge in this case to have imposed any other sentence above the three million naira fine which is the maxim would not only be ultra vires but indeed unconstitutional.”

The activist lawyer finally submitted that “one may suggest that the sentencing in this case was not only fair but according to the law. Anything to the contrary would have been based on the whims and caprice of the presiding judge and the certainty of the law would have been violated. Then the court would cease to be a court of law but a court of public sentiment.”

•Photo shows Michael Igbinedion.

Source News Express

Posted 16/05/2015 10:24:54 AM

 

Share on facebook Yahoo mail icon Gmail icon


 

CLASSIFIED ADS

Loss Off Your Belly Fats, Upper Arm Fat and Body Fats In 2weeks Time.. Click HERE To Start Now!

Let us build the most comprehensive online database of worthy and credible Nigerians from all walks of life. It is worth doing!

 

You may also like...
Lai Mohammed bags award, preaches culture of discipline...

A President’s confession: We’re finding it difficult to...

Man crushed to death while demolishing house

Work begins on the development of 5G mobile...

Boko Haram kingpin arrested in Ekiti

Niger Delta projects: CSNAC petitions EFCC, demands prosecution...

Breaking News: PLANE CRASH IN LAGOS (Plus eyewitness...

Saraki commends Nigerian workers

No going back on Biafra, declares MASSOB as...

Niger Delta Youth Coalition to FG: Set up...

Truck Accidents: NANS protests students’ deaths on highway...

Bayelsa student makes first class at Lincoln University...

 

Latest News Niger Delta youths vow to resist takeover of Port Harcourt, Warri refineries How a trusted pastor defrauded me of N918m —Titi Atiku ‘Perfect Fraudster’ falls into RRS net Chibok girls: ‘God’s wrath on APC imminent’ Magu vows to sustain war against corruption Amaechi attacks Wike for linking him to cultism, says Nigerians sick and tired of his theatrics Wealth creation seminar for mothers begins today in Lagos Makarfi’s PDP faction as the real terror group, By Richard Murphy UBA introduces world class Mobile Banking App Okowa celebrates Edwin Clark at 90, condoles Channels TV on Chukwuma Onuekwusi’s death Zinox slams N2bn defamation suit on Premium Times Weatherman predicts cloudy weather, thunderstorms and chances of rain showers today

 

Most Read Nigerian female sex addict opens up, says ‘I like it with both men and women’ (246,019 views) NUDE PHOTO OF OMOTOLA JALADE-EKEINDE surfaces online (222,615 views) Shameless Genevieve Nnaji exposes breasts in public (184,446 views) Igbo scholar disgraces Femi Fani-Kayode •Demolishes claims on Igbo/Yoruba history with facts and figures (165,229 views) Finally named: The full list of friends of Nigerian female sex addict who prowled Facebook (158,116 views) OLUMBA OLUMBA OBU (the one who called himself God) IS DEAD (138,167 views) Breaking News: POPULAR REVEREND CONVERTS TO ISLAM in Kaduna (Nigeria) (120,658 views) THE FINAL DISGRACE: Igbo scholar unleashes more facts about Igbo/Yoruba history, finishes off Femi Fani-Kayode with second article (118,100 views) OBJ’s son reported dead in Lagos plane crash •Names of more victims emerge (106,071 views) Gunmen kill ASP, 2 other police officers in vain bid to kidnap Rivers PDP chieftain (102,523 views) Lagos plane crash: Journalist releases victims’ names (101,192 views) APC cries foul as PDP’s Fayose takes early lead in Ekiti governorship election (95,439 views)

 

Categories Advertorials (3) African Press Organisation (81) Art & Literature (27) Business (2,560) Business Verdict (16) Columnists (681) Complaints & Requests (89) Enterprise & Opportunities (151) Entertainment (320) Features (443) Global Business Monitor (151) International (1,375) Interviews (121) Live Commentary (28) Love Matters (54) News (24,645) Opinion (717) Pidgin (8) Politics (3,697) Religion (532) Sports (1,263) Stock Watch (18) AMA & Al Jazeera Global Update

 

Words on marble

 

UBA Wise Savers Promo

 

There is no water shortage in the State of Osun

 

APO Newsbreak logo

 

CLASSIFIED ADS

Let us build the most comprehensive online database of worthy and credible Nigerians from all walks of life. It is worth doing!

Loss Off Your Belly Fats, Upper Arm Fat and Body Fats In 2weeks Time.. Click HERE To Start Now!

GOCOP Accredited Member

GOCOP Accredited member

 

 

Africa Media Agency and Al Jazeera

Advertisement



 

 

CLASSIFIED ADS

Loss Off Your Belly Fats, Upper Arm Fat and Body Fats In 2weeks Time.. Click HERE To Start Now!

Let us build the most comprehensive online database of worthy and credible Nigerians from all walks of life. It is worth doing!