Justice Ijeoma Ojukwu of the Abuja Division of the Federal High Court has found former President Goodluck Jonathan Senior Special Adviser (SSA), Doyin Okupe, guilty of receiving over N200 million cash from former former National Security Adviser (NSA) Sambo Dasuki.
Justice Ojukwu in a judgment delivered held that the action of Mr Okupe, who is the first defendant in the suit filed by the Economic and Financial Crimes Commission (EFCC) violated the Money Laundering Act.
While stating that the Act provides that no individual or organization shall receive any sum above N5 million and N10 million respectively without passing through a financial institution, the judge held that “there is no evidence that the money passed through a financial institution”.
According to Justice Ojukwu, the NSA was not a financial institution, adding that even if the president was said to have authorized the funds, he did not say that the money must be paid in cash in violation of the money laundering.
Consequently the court found the first defendant, Doyin Okupe guilty in count 34, 35, 36…… 59.
The judge however found the defendants not guilty in counts 1 to 33 on the grounds that the prosecution failed to establish the charge of money Laundering and criminal breach of trust and corruption against the NSA.
In counts 34 to 59 upon which Mr Okupe was convicted, he was accused of receiving various sums ranging from N10 million on different occasions from 2012 to 2015 when he was SSA to president Jonathan.
The said sum according to him were expended on running the office, payment of staffs and image laundering of the former president and his administration.
But the court however held that receiving such amounts in cash violated the Money Laundering Act.
Shortly after his conviction, his lawyer Francis Oronsaye, pleaded with the court to tamper justice with mercy on the grounds that the defendant was a first time offender, a family man who is also advanced in age and having health challenges that he is currently treating in Nigeria and outside the country.
Mr Oronsaye, citing Section 310 of the Administration of Criminal Justice Act, urged the court to stand down the matter to enable him call witnesses that will attest to the good character of Mr Okupe.
Lawyers to the second and third defendants also lend their voices in the plea for mercy, adding that the convict was a mere victim of circumstances.
Although the request was opposed by prosecution lawyer, Mr Audu Ibrahim, the judge however stood down the matter to enable the defendant called his witnesses before handing down her sentence.
The court also sentenced him to 2 years imprisonment on counts 35 to 59 with an option fine of N500,000.
The option of fine is to run consecutively on each count while the sentence is to run concurrently
The sentence to run from the day of delivering the judgment
The court noted that it refrains from making any custodial order, but the convict is the property of the state.