The Federal High Court of Bauchi, Bauchi State, has convicted two bigwigs of the Peoples’ Democratic Party (PDP) in the state for conspiracy and money laundering involving N142 million.
Saleh Gamawa and Aminu Gadiya were prosecuted by the Economic and Financial Crimes Commission (EFCC) for receiving a total of N142,460,000 in cash to influence the outcome of the 2015 presidential election in Bauchi state, according to a statement from the anti-corruption agency on Saturday.
The two men, who were members of the PDP’s Finance and Fund Disbursement Committee for the 2015 general election, accepted the cash payment above the threshold provided by law, the EFCC added.
The judge, Hassan Dikko, handed down his sentence on March 2, convicting them and sentencing them to prison with the option of a fine, according to the EFCC statement signed by commission spokesman Wilson Uwujaren.
Consequently, the court sentenced the two defendants to two years imprisonment at the Bauchi Correctional Service or a fine of N3 million each in lieu of imprisonment on count 1.
He went further and sentenced the second defendant to two years in prison with an option of N3 million in lieu of prison for count 2.
The sentences will be executed concurrently as of March 2.
The defendants were first indicted on June 4, 2018 and again on October 16, 2018 on two counts of money laundering.
READ THE FULL EFCC STATEMENT
EFCC press release
Two PDP chiefs jailed for 3 years for election bribery scam N142m
Two heads of the opposition Peoples’ Democratic Party, PDP, in Bauchi state, Saleh Hussaini Gamawa and Aminu Umar Gadiya, have been found guilty by a Bauchi Federal High Court and sentenced to 3 years in prison for crimes bordering on conspiracy. and money laundering to the extent of a sum of N142, 460,000.00 (one hundred and forty-two million, four hundred and sixty thousand naira).
Judge Hassan Dikko sentenced the duo on March 2, while ruling on the two-count charge brought against the defendants by the Economic and Financial Crimes Commission, EFCC.
The defendants were first indicted on 4 June 2018 and re-indicted on 16 October 2018 on one count of two counts of allegedly receiving more than N142 million to influence the outcome of the presidential election of 2015 in Bauchi State.
The charge one of the charges reads: “You, Saleh Hussaini Gamawa and Aminu Umar Gadiya, all members of the 2015 General Election Finance and Disbursement Committee of the Peoples’ Democratic Party (PDP), and in such capacities to times in March 2015 in Bauchi State within the jurisdiction of this Honorable Court agreed between you to commit a crime, viz; Conspiracy to accept cash payments in excess of the threshold provided by law, thereby committing an offense contrary to Section 18(a) and punishable under Section 16(2)(b) of the (Prohibition) Act of Money Laundering of 2012 (amended) now No.1, 2012”.
Charge two reads: “That you, Sale Hussaini Gamawa and Aminu Umar Gadiya, all members of the Peoples Democratic Party (PDP) General Election Finance and Disbursement Committee, and in such capacities sometimes in March 2015 in Bauchi State, within the jurisdiction of this Honorable Court, accepted the cash payment of N142 460,000.00 (one hundred and forty-two million, four hundred and sixty thousand naira) from the Directorate of Finance, organization of the Bauchi State PDP campaign exceeding the required cash payment threshold, thereby committing an offense contrary to Section 1, 16(1)(d) and punishable under Section 16(2)(b ) of the Prohibition of Money Laundering Act, 2011 (as amended) now No.1, 2012.”
The defendants had pleaded not guilty to the charges, setting the stage for the case to go to full trial. In the course of the trial, the prosecution presented a witness and produced documents marked Exhibits A1, A2 and A3. Both defendants testified in their respective defense.
At the close of evidence, the final written addresses were filed, exchanged, and adopted on January 17, 2023, with the prosecution petitioning the court to convict the defendants of the charges. The defense, on the other hand, claimed that the evidence presented against the defendant by the prosecution was not credible and urged the court to acquit the defendants. Judge Dikko then booked trial for March 2, 2023.
In the well-regarded trial that lasted more than three hours, Judge Dikko reviewed the facts of the case and the attorneys’ submissions and concluded that the prosecution proved the cases against the defendants beyond a reasonable doubt as to the first charge and convicted them. loaded. However, he released and acquitted the second defendant on the second charge.
According to Judge Dikko, “the fact that the defendants in this case approved the A1, A2 and A3 documents to receive cash in the amount of N142,460,000.00, well above the legal threshold designated by law, there can be no no other conclusion but that the defendants conspired to commit the crime and I am satisfied beyond a reasonable doubt. It is quite astonishing that in defending the charge, the defendants completely ignored the damaging evidence in Exhibits A1, A2 and A3, which are before the Court. Therefore, I find the first and second defendants guilty of conspiracy in court one and am sentenced accordingly.”
On count two, he said: “I have relied almost entirely on Exhibits A1, A2 and A3, and close examination of the Exhibits shows that the first defendant, Saleh Hussaini Gamawa, was awarded N105, 840,000.00 on Exhibit A1, N27, 650,000.00 in Exhibit A2 and N8, 970,000.00 in Exhibit A3, totaling N142,460,000.00, all in the presence or presence of the second defendant, Aminu Umar Gadiya. The content of these documents leaves no doubt as to who received the money, i.e. Saleh Hussaini Gamawa (first accused), who is a natural person of the Bauchi State PDP Campaign Organization (Financial Director), who is not a designated financial institution. , and for purposes of payment to participants during the National and Presidential Elections.
“The offense under Section 1 of the Money Laundering (Prohibition) Act 2012 is strict liability. The fact of payment or receipt of cash in excess of the threshold alone is sufficient to support a conviction, as can be seen from the documents filed with this court, and again, I am satisfied beyond a reasonable doubt. Accordingly, I find the first defendant guilty of the charge and, accordingly, I am sentenced. The second defendant is hereby released and acquitted of this charge.”
In his allocutus, the first accused urged the court to be lenient and to temper justice with mercy. “I have a large family that includes my older brother’s family who went blind and cannot support his family; They look at me for support, since the beginning of this case neither the political party nor the Government came to my rescue, for which I ask the court to forgive me, ”he said.
The second defendant also asked for leniency, arguing that he is a retiree and has not benefited from the money.
Before sentencing the defendants, Judge Dikko acknowledged their pleas for clemency, but insisted that they should be punished in order to deter others. “I consider his pleas that he has a family that will suffer in his absence, so I will be lenient, however his offenses must be properly punished to deter others in society from perpetrating the same.” Accordingly, he sentenced the first and second defendants to 2 years’ imprisonment at the Bauchi Correctional Service or a fine of N3,000,000.00 each in lieu of imprisonment for the first count; while the first defendant received another 2 years in prison or a fine of N3,000,000.00 instead of imprisonment for the second charge.
The sentences will be executed simultaneously from March 2, 2023.
wilson uwujaren
Head, Media and Advertising
11/03/2023
