Okupe Pays N13m Fine, Avoids Prison Sentence

Alex Enumah in Abuja

Justice Ijeoma Ojuwku of the Federal High Court Abuja, has sentenced, Dr Doyin Okupe, a former Senior Special Assistant (SSA) on Public Affairs to former President Goodluck Jonathan, to two years imprisonment for accepting cash transaction above the N5 million threshold approved by the Money Laundering Act.

The court, however, gave an option of N13 million fine, which should be paid before 4.30pm yesterday, which he has since paid and avoided passing the night in prison.

He was to pay the sum of N500,000 for each of the 26 counts he was convicted for, totalling N13 million, while the sentences were to run concurrently.

The judge handed down the sentence after witnesses including former Anambra Governor, Chukwuemeka Ezeife, Mohammed Idi-Farouk, former Director General of the National Orientation Agency, Okupe’s wife and son testified to his good character.

Justice Ojuwku earlier found him not guilty on counts 1 to 33 which bordered on money laundering, criminal breach of trust and corruption.

The Economic and Financial Crimes Commission (EFCC), had in January 2019, arraigned Okupe and two firms; Value Trust Investment and Abraham Telecoms on a 59-criminal count charge bordering on money laundering and fraud to the tune of N702 million.

The three defendants were accused of receiving the said funds from the alleged illegal and unlawful activities of the former National Security Adviser (NSA) Col. Sambo Dasuki (Rtd).

They, however, pleaded not guilty to the charge and Okupe was admitted to bail in the sum of N100 million with one surety in like sum.

Delivering judgment in the matter after the parties had argued for and in defence of the allegations, the court freed him from 33 of the charges on the grounds that the prosecution failed to prove beyond reasonable doubt those allegations bordering on money laundering and corruption.

According to Okupe, former President Jonathan had approved the setting up of an office in Asokoro area of Abuja, saddled with the responsibility of laundering his image and that of the administration.

The former SSA further maintained that the funds, which were approved by the former president and released through the office of the NSA, were used in payment of staff salaries, daily running of the office and media activities.

Justice Ojukwu in her judgment, however, observed that the prosecution failed to prove that the activities of the former NSA were unlawful and illegal, adding that the allegation of criminal breach of trust and corruption were not established, because Jonathan and Dasuki, who were major actors in the matter were not called as witnesses.

The judge contended that, since the defendants mentioned the sources of the funds in their extra-judicial statements, the prosecution should have called them to testify.

“Prosecution did not show that the NSA acted on its own without authorisation by the president,” the court held.

While also blaming the defendants for also failing to call the president or NSA in the matter, the judge stated that, “It is foolhardy for any defendant to wait for the prosecution to call a witness that is relevant to his case”, adding that their testimony would have shown whether the defendants received money illegally or without authorisation.

Accordingly, she held that the defendants were not guilty on counts 1 to 33, which borders on money laundering and criminal breach of trust and corruption.

The judge further held that the first defendant, Okupe, was guilty, when he received on several occasions cash sums above the N5 million threshold provided by the Money Laundering Act.

She held the view that the testimonies of witnesses and vouchers from the office of the NSA proved that Okupe, for months, collected the sums of N10 million cash in violation of the Money Laundering Act which put a ceiling of N5 million for individuals and N10 million for corporate organisations.

The judge held that, “there is no evidence that the money passed through a financial institution.”

While stressing that the NSA was not a financial institution, Justice Ojukwu added that even if the president was said to have authorised the funds, he did not say that the money must be paid in cash in violation of the money laundering law.

Consequently, the court held that, “I find the first defendant, Dr Doyin Okupe guilty in count 34, 35, 36…… 59.

In counts 34 to 59 upon which 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 maintained that receiving such amounts in cash violated the Money Laundering Act.

Shortly after his conviction, his lawyer Mr Francis Oronsaye, pleaded with the court to temper 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 was currently treating in Nigeria and outside the country.

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 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 call his witnesses before handing down her sentence.