Nigerians and their reaction to social media news. Amazing!!!
The arraignment of Pascal Okechukwu, popularly known as Cubana Chief Priest on the 17th day of April, 2024, for the mutilation and abuse of the Naira has of cause sparked reaction from Nigerian netizens.
It was the same reaction that greeted Mr. Idris Olarenwaju Okuneye’s (Bobrisky) arrest by men of the Economic and Financial Crime Commission (EFCC) 3rd April, 2024 for the same offence. The reaction was even worse when the Federal High Court Justice sentenced him to six months imprisonment for mutilation of the Naira notes. Most Nigerians believed that he was being witch-hunted. They believed so because, so many people from celebrities to politicians have on countless occasion done this very act, and no arrest or conviction was made.
Others also believed that the sentencing of the Court was also evidence of witch-hunting. This is because section 21(1) of the Central Bank of Nigeria Act 2007 provides as punishment “imprisonment for a term not less than six months, or to a fine not less than N50,000, or both” for the offence. These people hold the view that the Court could have given the offender the option of fine.
This writer can state that first time offenders usually get leniency from the court, especially when they plead guilty and make things easy for the court, so yes, leniency was indeed expected in this case. However, it is well known to members of the Bar (lawyers), and you too should know this that that discretionary powers given to Court are to be exercised by the court as the court deems fit. The court on this particular issue had the power to decide between sentencing the convicted to nothing less than 6 months imprisonment (meaning, it can sentence the offender to more) or a fine not less than N50,000.00 (meaning, it could have been more), or both. The court in its wisdom chose the first. Whether you agree with the court or not is of no consequence. However, kindly note that the Court could have sentenced the offender to way more than six (6) months, and it would still have acted within the confines of the law.
This dust was yet to settle when officers of the Economic Financial Crime Commission (EFCC) struck again. This time, the man known as Cubana chief priest was the target. Unlike Mr. Idris, Mr. Pascal Okechukwu pleaded not guilty and was granted bail by the court.
It would seem that the bail granted by the Court has caused a little bit of confusion among Nigerians, with some claiming that the Court/legal system is biased. This writer intends to walk you through the criminal procedural system in Nigeria. So, allow me.
When an individual is arrested by any prosecuting authority, that person is charged to court. The offence he/she is alleged to have committed (the charge) is read out to his hearing in court. The individual is to tell the court whether he is “guilty” or “not guilty”. If he pleads “guilty”, the court convicts him, and sentences the person in accordance with the law. Saying that you are “guilty” simply means that you are admitting to the offence. What else would you want the court to do?
However, in capital offences such as murder, armed robbery, kidnapping etc, should the accused say he is guilty, the Court would record “not guilty” and insist that the prosecuting authority prove the “guilt” of the accused.
Should the accused plead “not guilty”, the court cannot give any sentence at that moment. It simply means that the accused is saying, “I did not do what I am being accused of”. This simply means, the prosecuting authority then has the burden of proving beyond reasonable doubt that the accused committed the said offence.
Being that the offence is not a capital offence, the accused on pleading “not guilty” is entitled to “bail”. Bail is not an acquittal. Bail is simply a release from the custody of the prosecuting authority. The accused will be allowed to attend his trial from home rather than from the custody of the prosecuting authority. In this case Cubana Chief Priest’s bail bond is 10 million naira; meaning that if he absconds and refuses to return for his trial, his surety will be made to pay the said 10 million naira or face jail term in his place.
If at the end of the trial (which can last for weeks, months or even years), the prosecuting authority is able to prove beyond reasonable doubt that the offender committed the offense and the court is convinced, then the Court will sentence accordingly. However, should they fail to do prove their case, the accused has no case to answer, and the court will have no other option than to grant an acquittal.
This means that in the Cubana chief priest’s case, the EFCC has to prove that he abused and mutilated the Naira before the Court can convict him and sentence him accordingly. This must be proved beyond reasonable doubt. PS: there is a difference between reasonable doubt and “every iota of doubt”
For a better understanding on what abuse of the Naira entails, see my previous article. Just maybe you can see if the EFCC will be able to show that Cubana Chief Priest has a case to answer.
Thank you counsel for this write- up, i will have to forward this to a friend that believes that the court judgment was biased, base on the fact that one of them was granted bail and the othwr was refuse bail.
I understand the situation concerning Bob and Cubana now however, I’m more concerned about the ripples on “bail payment”… You mentioned that if he abscond then the surety will pay the fine or face trial for the crime of the accused?! Does it mean that no money has been paid yet for bail?! If the amount has been paid by IK, does the bail work like a collateral or an escrow fund in arbitration?! On whose hand or account does the bail money finally sits on after the accused has been acquitted or convicted? Who owns the bail money?