Justice M.T.M.
Aliyu of the Kaduna State High Court sitting in Kaduna, on Tuesday,
April 26, 2016, convicted and sentenced one 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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