Justice
M.T.M. Aliyu of the Kaduna State High Court sitting in Kaduna, on Tuesday,
convicted and sentenced Bitrus A. Mallam, a former
cashier with the Kaduna State Local Government Pension Board, to 12 months
imprisonment on a one-count charge bordering on theft to the tune of
N8,658,359 (Eight Million Six Hundred and Fifty-Eight Thousand Three Hundred
and Fifty-Nine Naira) brought against him by the Economic and Financial
Crimes Commission, EFCC.
The
charge reads: ‘‘That you Birtrus A. Mallam, being the former cashier in
the Kaduna State Local Government Pension Board, sometime in 2000 in Kaduna,
in the Kaduna Judicial Division of the High Court did commit theft by
dishonestly taking the sum of N8,658,359 (Eight Million Six Hundred
and Fifty-Eight Thousand Three Hundred and Fifty-Nine Naira) the property of
Kaduna State Local Government Pension Board without her consent and thereby
committed and offence contrary to Section 286 and punishable
under Section 289 of the Penal Code Laws of Kaduna State.’’
However,
the convict, who is currently the Head of Idon in Adara Chiefdom, Kaduna State,
pleaded not guilty to the charge, thus leading to his full trial.
During
the trial, the prosecution counsel, Jijah H. Bwala, presented five witnesses
and tendered 22 documents to prove his case.
While
delivering his ruling today, Justice Aliyu stated that “The confessional
statements made by the accused were made voluntarily and were submitted to the
court. These confessions were corroborated in evidence by PW1, PW2, PW3, PW4
and PW5. The defence only denied that these statements were made voluntarily,
but failed to provide any evidence to that effect.
"Furthermore,
when the crime was discovered, the Board issued the accused a query, which he
responded to, admitting culpability, accepting full responsibility for the
crime, and pleading for the mercy of the Board as well as the opportunity to
make restitution of the amount stolen.
"Exhibits
tendered in court also corroborated the different testimonies and were not
discredited by the defence. Exhibits 2 and 3 prove that the accused did take
monies, the property of the Kaduna State Local Government Pension Board. He did
so to cause wrongful gain to himself by unlawful means. The prosecution has
proved their case, and I convict you as charged."
Justice
Aliyu, thereafter, sentenced Mallam to 12 months imprisonment and fined him
N100, 000(One Hundred Thousand Naira).
The
court further ruled that his inability to pay the N100,000 fine would
attract additional 12 months in prison.
Mallam,
who was employed by the Board in 1993 as a clerical officer, rose to become a
cashier in 1998.
He,
however, abused his position and, in the process, made illicit money with which
he acquired landed properties and vehicles.
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