By JOY KAKA

A Federal Capital Territory (FCT) High Court, sitting in Kubwa, on Tuesday, sentenced a Warrant Officer, Joshua Ebimieyefa, to two years imprisonment for collecting N21.7million as estacode for foreign trips, which he never embarked on.

The News Agency of Nigeria (NAN) reports that Ebimieyefa was arraigned by EFCC on a three-count charge, bordering on conferring corrupt advantage, to which he, however, pleaded not guilty.

Justice Asmau Akanbi-Yusuf sentenced Ebimieyefa without an option of fine, citing Section 416(2), paragraph D of the Administration of Criminal Justice Act (ACJA) which states that the court shall not pass maximum sentence on a first offender.

Akanbi-Yusuf, however, discharged and acquitted Ebimieyefa on the second and third charges, saying that the memos and vouchers stated by the prosecution witness were not tendered as evidence.

“The argument by the prosecution on this count is discountenanced, because the court of law can only rely on documents tendered,” she said.

The judge upheld the preliminary objection of the Defence Counsel, Yusuf Abdullahi, but added that the case would still run its full course.

Abdullahi had earlier cited Section 123 of the Armed Forces Act, which states that before a military officer could be subjected to any form of investigation or trial, he must be reported to the commanding officer, which he said EFCC did not comply with.

In his allocutus, the defence counsel told the court that Ebimieyefa was a first-time offender and father of six children.

He cited Section 416(2), paragraph E of ACJA which states that in exercising its discretion of sentencing, the period spent in prison awaiting trial or undergoing trial shall be considered.

The counsel urged the court to temper justice with mercy, adding that Ebimieyefa was arrested in 2018 and arraigned in March 2019.

The Prosecution Counsel, Abba Muhammed, had said that Ebimieyefa, while working as the orderly to the Special Adviser to the President on Niger Delta and Coordinator of the Presidential Amnesty Programme, used his position to collect N21.7 million.

Muhammed said the said sum was collected between April 26, 2017, and Oct. 26, 2017, as estacode for foreign trips, which were never embarked upon.

He added that Ebimieyefa also collected N8.2 million as duty allowances for local trips between March 14, 2017, and March 9, 2018.

The prosecution counsel said that the convict equally collected N10 million as payment for logistics between Jan. 5, 2017, and Feb. 17, 2017, which were not utilised.

The offences, he said contravened Section 19 of Corrupt Practices and Other Related Offences Act, 2000. (NAN)

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