Justice Aisha Kumaliya of the Borno State High Court sitting in Maiduguri on November 29, 2018 convicted and sentenced one Babakura Mustapha to eight years imprisonment for the offence of impersonation and obtaining money under false pretence.
The offence is contrary to and punishable under Section 132 Penal Code Law Cap 102, Laws of Borno State. Mustapha was arraigned on June 6, 2018 and pleaded “not guilty”.
In the course of the trial, the prosecution led by Khalid Sanusi presented three witnesses and tendered some documents, which were marked Exhibits A1-A4.
Mustapha allegedly posed as a staff of the EFCC with the name “Mr. Kola” and in the assumed capacity presented himself to one Mamman Bukar as the operative handling “a case” purportedly against Bukar.
Count one of the charge reads: “That you, BABAKURA MUSTAPHA sometime in June, 2017 at Maiduguri, Borno State within the jurisdiction of this Honourable court, falsely impersonate a staff of the Economic and Financial Crimes Commission, EFCC, and in such assumed character; you presented yourself to Mamman Alh. Bukar, bearing a fictitious name Mr. Kola and pretended to be handling his case in Economic and Financial Crimes Commission and thereby committed an offence contrary to and punishable under section 132 Penal Code Law Cap 102,Laws of Borno State.”
Delivering judgment, Justice Kumaliya found him guilty and convicted him accordingly.
During allocotus, counsel for the convict pleaded with the court to temper Justice with mercy as the convict was a first time offender and had a family to cater for.
Sanusi on his part urged the court to invoke Section 365 of the CPC as to make the convict pay the sum of N80, 000 as compensation to the victim (PW1) in the case.
Justice Kumaliya sentenced the convict on the first count of the charge to one year imprisonment or an option of fine of N50,000. On count two, the convict was sentenced to seven years imprisonment without an option of fine.
“The convict should pay the sum of N100, 000 for impersonation and N800,000 to the complainant,” Justice Kumaliya ruled.
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