By Ken Afor
The Supreme Court on Friday, denied former House of Representatives Ad-hoc Committee Chairman on Fuel Subsidy probe, Hon Farouk Lawan’s plea for leniency.
Lawan, convicted and sentenced to five years in prison for bribery, saw his plea dismissed by a five-member panel for lacking merit.
It would be recalled that in 2021, the former lawmaker, who was sentenced, filed an appeal challenging his conviction. He argued that the trial court did not afford him the opportunity to make a plea for leniency before being sentenced.
However, the apex court in its judgement delivered by Justice Tijjani Abubakar on Friday, said it was “crystal clear that failure of the trial court to call for allocution, did not vitiate the sentence passed on the Appellant.”
TheNewDiplomat recalls that in June, 2021, a High Court in the Federal Capital Territory (FCT), Abuja, sentenced Mr. Lawan to seven years in prison.
The trial judge, Justice Angela Otaluka, found Mr. Lawan guilty of demanding $3 million from Chairman of Zenon Petroleum and Gas Ltd, Mr Femi Otedola, to exclude his company from the fuel subsidy probe initiated by the House of Representatives in 2012.
Mr. Lawan had represented Bagwai/Shanono Federal Constituency of Kano State for four terms.
Justice Otaluka determined that the Defendant violated section 17 (1) (a), section 8(1) (a) (b) (ii), and section 23 (i) of the Corrupt Practices and Other Related Offences Act, 2000. The judge ruled that the Defendant committed an offence punishable under section 8 (1), 17 (1), and 23(3) of the same Act.
According to reports, Justice Otaluka emphasized that the Independent Corrupt Practices and Other Related Offences Commission (ICPC) successfully established a criminal case against the defendant, Mr. Lawan, securing his conviction on all three counts.
The embattled former lawmaker received a seven-year jail term on counts 1 and 2, while the court sentenced him to five years on count 3. The judge specified that the sentences would run concurrently.
Not contented with the verdict, the former lawmaker filed an appeal to challenge his conviction, contending that the anti-graft agency failed to provide substantiated evidence against him. He urged the Court of Appeal to dismiss the case and acquit him of the bribery allegation.
On February 24, 2022, the Court of Appeal in Abuja upheld the decision of the High Court but reduced Mr. Lawan’s jail term from seven to five years. The court dismissed and acquitted him of two criminal charges that led to his initial conviction.
The three-member panel, led by Justice Monica Dongban-Mensem, ruled that the prosecution’s evidence was insufficient to prove that the former lawmaker demanded and agreed to accept $3 million from Otedola.
However, the court affirmed the prosecution’s case that the former lawmaker, beyond reasonable doubt, received $500,000 from Mr. Otedola.
Additionally, the court upheld the last count, resulting in the former lawmaker receiving a maximum of five years imprisonment following his conviction.
