Justice Umaru Fadawu of the Borno State High Court sitting in Maiduguri, in mid July 2021 convicted the duo of Mohammed Nazir Auwalu and Sani Musa for offences bordering on criminal misappropriation to the tune of N25,780,888.38 (Twenty Five Million, Seven Hundred and Eighty Thousand, Eight Hundred and Eighty-Eight Naira, Thirty Eight Kobo), contrary to Section 308 and Punishable under Section 309 of the Penal Code Cap. 102 Laws of Borno State.
The defendants who have never held any pensionable appointment, received the sum as pension from the Pension Transitional Arrangement Directorate (PTAD) from September 2010 to April 2018. The lid on the scam was blown by Polaris Bank which reported the fraud to the Commission. The convicts were arraigned on July 8, 2021 on a one-count amended charge.
The count reads: “That you, Nazir Auwalu, Sani Musa, sometimes between September 2010 and April 2018 at Maiduguri, within the jurisdiction of this Honourable Court, dishonestly converted to your personal use the sum of Twenty Five Million, Seven Hundred and Eighty Thousand, Eight Hundred Eighty-Eight Naira, Thirty Eight kobo (N25,780,888.38) only received from Pension Transitional Arrangement Directorate (PTAD) while you are not at pensionable age and thereby committed an offence contrary to Section 308 and punishable under Section 309 of the Penal Code Cap. 102 Laws of Borno State respectively”.
They pleaded ‘guilty’ to the one count charge preferred against them. Upon their pleas, the prosecution counsel, Mukhtar Ali Ahmed, through Agu Anayo, an operative the EFCC, reviewed the facts of the case.
Agu informed the court that, ‘‘the first and second defendants received monies to the tune of N25,780,888.38 (Twenty Five Million, Seven Hundred and Eighty Thousand, Eight Hundred, Eighty Eight Naira, Thirty Eight Kobo) from Pension Transitional Arrangement Directorate from 2010 to 2018, even though the first defendant is not up to pensionable age’’.
He further told the court that ‘‘Letters of Investigation Activities’’ were written and dispatched to the offices of the Head of Civil Service of the Federation, United Bank of Africa and Polaris Bank respectively. The prosecution counsel, Ahmed tendered the letters of investigation activities and the responses which were admitted in evidence. He prayed the court to convict and sentence the duo as charged.
Having considered the plea of the defendants, testimony of the prosecution witness and exhibits tendered by the prosecution Justice Fadawu, convicted both defendants as charged. Justice Fadawu adjourned the case for sentencing.
At the adjourned sitting, Justice Fadawu sentenced the duo of Mohammed Nazir Auwalu and Sani Musa to two years imprisonment each with the option of N1million (One Million Naira) fine each. He further ordered that the jail term be served consecutively and in the event of failure to pay the N1million fine each, the convicts shall serve one year jail term.
Source = EFCC
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