Farouk Lawan weeps as S’Court upholds his 5-year jail sentence
..Former DG, BPE sent to prison
BY ANDREW OROLUA
Obviously worried about the implications of wearing the toga ‘ex-convict’ on his political career, Hon Farouk Lawan, close associates divulged, responded with an outburst of tears, when news of Supreme Court, upholding his five year jail sentence hit him yesterday.
Saturday Times can report that attempts by the former chairman House of Representatives ad-hoc Committee on Federal Government’s fuel subsidy investigation, Hon Farouk Lawan to exonerate himself of bribe taking has been rebuffed as Supreme Court on Friday, with strict affirmation of his earlier sentencing.
The apex court held that Lawan’s appeal against the five years jail term passed on him in 2021 by Federal Capital Territory FCT High Court that was affirmed by Court of Appeal Abuja Division on February 24, 2022 represents the true position of the law.
In the lead judgement prepared by Justice John Okoro that was read by Justice Tijani Abubakar, the apex court resolved all the three issues raised in the appeal by appellant counsel Chief JB Daudu SAN, against the appellant.
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“It is crystal clear from the records of the two courts below that their decisions cannot be faulted. I find that there is no merit in this appeal .I affirmed the decision of the court below.”Consequently, this appeal is dismissed, the court held.
Justice Abubakar said other justices on the panel : Uwani Abba-Aji , Helen Ogunwumiju, Ibrahim Saulawa and himself agreed with the judgement. Abubakar added that although lawyers are in business they owed the court duty to stop dragging unmeritorious appeals to the apex court.
Lawan , currently serving five years jail term in Kuje Prison had sought to set aside the February 24, 2022 judgment of the Court of Appeal in Abuja, after the appellate court discharged him on two court of seven years jail sentence. He was left with the conviction on the third count of five years sentence.
Recall that Lawan was in 2021 arraigned before the court by the Independent Corrupt Practices and Other Related Offences Commission, ICPC, for soliciting bribe to remove Femi Otedola and his company, Zenon Petroleum and Gas Limited from the list of companies that were alleged to be involved in fuel subsidy fraud.
Trial Judge, Angela Otaluka, in her judgment, found Lawan guilty and noted that the evidence listed and submitted before the court by the prosecution counsel remained unshaken during cross-examination.
The judge also noted that the conduct, responses and submissions of the defendant and witnesses in the case established the charge in count one, which stated that Lawan demanded the $3m bribe.
The court also found that Lawan collected the sum of $500,000 as bribe to remove Otedola and his company from the list of persons and organisations indicted for the fuel subsidy scam as seen in evidence contained in a CCTV video clip.
In a related development, the Supreme Court on Friday also affirmed the decisions of the lower courts and sent immediate-past Director General of the Bureau of Public Enterprises, Alexander Okoh to prison for contempt of court.
Besides, apex court slammed a fine of N10m on Okoh who was sacked by President Bola Tinubu on January 8, 2024 for consistently disobedience to orders of courts.
The BPE and Okoh had appealed to the highest court to overturn the lower courts’ decision that led to his imprisonment for refusing to grant ownership of the Aluminium Smelter Company of Nigeria to BFIG Group Corporation after what turned out to be successful bidding.
BFIG’s case was dismissed at the lower courts but the Supreme Court allowed his appeal in 2012.
The apex court ordered the BPE to rescind its decision to cancel the bid and hand over the company to BFIG but the BPE refused.
In April 2019, BFIG initiated contempt proceedings against the BPE and Okoh.
The court then ordered that Okoh be remanded in prison for at least 30 days until he purged himself of the continued disobedience of the court and further contemptuous conduct.
In December 2019, BPE prayed for a stay of execution of the committal order against Okoh, the Appeal Court in a unanimous ruling affirmed the Abuja Federal High Court order.
Not satisfied with the judgement BPE and Okoh approached the apex court for redress.
Reading the lead judgment on Friday, Justice Tijani Abubakar resolved all the issues against the appellants.
Abubakar tongue-lashed the BPE and Okoh for disobeying several orders issued on the matter, describing their actions as “scandalously shameful and disgraceful”.
He said, “The above application leaves no one in doubt that the appellant disobeyed the ordes of this court especially the order that restrained the appellants or their agents from reselling, negotiating, or transferring the company. This is a flagrant disobedience to the order of this court.
“Court orders are meant to be obeyed and must be obeyed. The appellants treated the order of this court with total disdain and disrespect. The conduct of the appellants is scandalously shameful and disgraceful.
“Agencies of government must respect the law. Nobody in this country is above the law. The appellants are not to choose the order of the court to obey or not. For this reason, I resolve the issues against the appellants.
“This appeal deserves to be dismissed and it is thereby dismissed. The judgment of the appeal court is affirmed. The cost of N10m is awarded against the appellants. The cost is to be paid personally by the second appellant (Okoh) in addition to going to prison. “
