CASE NUMBER 10901:

JOHN YAKUBU YUSUF IS A THIEF

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Alleged Perpetrators(s)

John Yakubu Yusuf Atiku Abubakar Kigo Ahmed Inuwa Wada Veronica Onyegbula Sani Habila Zira

Location (Town / State)

Abuja, Nationwide

Date of Event

21 Mar 2018

Date of republication

21 March every year

Case category (Choose all that apply)

Case Summary

The Abuja Division of the Court of Appeal quashed the two years imprisonment sentence with option of fine of N750,000 imposed on John Yakubu Yusuf, a former Pension Officer of the Nigeria Police Force by the High Court of the FCT, and slammed him with 6 years imprisonment in addition to a fine of N22.9 billion for stealing N24 billion pension funds.

Full story

John Yakubu Yusuf was a former assistant director in the federal civil service who served as Pension Officer of the Nigerian Police Force. He was tried on a 20-count charge alongside Atiku Abubakar Kigo (Permanent Secretary), Ahmed Inuwa Wada (Director), Veronica Onyegbula (Cashier) and Sani Habila Zira (ICT Officer) who were all accused of diverting N22 billion worth of pension funds meant for retired police officers. Yusuf and others were arraigned before Honourable Justice Abubakar Talba of the High Court of the Federal Capital Territory, Gudu.


Yusuf who had struck a plea bargain agreement during the trial had admitted to the 18th, 19th and 20th counts which related specifically to him, each accusing him of betrayal of trust and the conversion of N1 billion apiece. The offences carried a maximum penalty of two years imprisonment. According to the plea agreement, he was to forfeit a luxury property worth N325 million which was traced to him by the EFCC.


In the ruling delivered on the 28th January 2013, the trial Judge, Hon. Justice Talba had raised hopes of a very stern punishment by lambasting Yusuf for his complicity in depriving tens of thousands retired Police Officers of their pension funds. However, in a strange twist of events, the judge after convicting Yusuf sentenced him to a minimal jail term of two years imprisonment with the option of payment of N250,000 fine. This sentence was to the annoyance of activists and keen observers. Yusuf promptly paid the fine of N250,000 and walked out freely from the court.


The ruling angered numerous Nigerians who questioned the very minimal punishment imposed for such offence of great magnitude. Although the ruling was not in violation of any known principles of law, activists opined that the judge ought had imposed a stricter sentence and not gone for the minimum punishment.


The EFCC led by the Private Prosecutor, Rotimi Jacobs SAN promptly appealed against the sentence to the Court of Appeal. In determining the appeal, the three-man panel of the Court of Appeal headed by Justice Abdu Aboki in a unanimous judgment delivered on the 21st March 2018 described the High Court’s decision as unreasonable substituted it with a total of six years imprisonment in addition to a fine of N22.9 billion.


Justice Emmanuel Agim who delivered the lead judgment of the court ruled that the sentences imposed by the High Court are clearly light and lenient ones which allowed convict who had admitted misappropriating or stealing N24 billion the option to pay the sum of N250,000 per count of the offence in lieu of serving a prison term of two years to enjoy the huge balance he had in his possession. He held that considering the humungous amount stolen, the nature and gravity of the offence, its destructive effect on the country, and its impact on retired police officers, the trial court ought to have imposed a severe sentence that would deter further commission of such crime and prevent the convict from retaining any part of the proceeds of the crime.


In passing a fresh sentence on Yusuf, Justice Agim imposed two years imprisonment on the convict on each of the three counts and in addition a fine of N20bn on the first count, N1.4bn on the second count and N1.5bn on the third count.

Justice Agim held that while the monetary fines on each of the counts amounting to N2.9bn would “run cumulatively,” the two years jail terms on each of the three counts would run “consecutively,” giving rise to a total of six years imprisonment.

This decision of the Court of Appeal has been lauded by activists and legal pundits, who opined that the harsh sentence sends out a stern warning to other prospective looters to desist from their acts of wickedness.

External links/URLs

https://www.premiumtimesng.com/news/117599-director-jailed-2yrs-for-stealing-n33bn-pension-fund-freed-on-n250000-fine.html

https://punchng.com/n24bn-fraud-acourt-jails-pension-thief-six-years-fines-him-n22-9bn/

https://thenationonlineng.net/why

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