Ganduje risks 171 years jail term, will pay $30m if found guilty, says lawyer
NEWS DIGEST–A Nigerian lawyer, Audu Bukarti, has said that the embattled governor of Kano State, Abdullahi Ganduje, may spend 171 years in jail if found guilty of receiving bribe, gratification, among other offences.
Mr Bulama also said in addition to 170-year jail term, the governor also risks payment of whopping $30million compensation and fine.
“As we continue to watch videos claiming to show Governor Abdullahi Umar Ganduje of Kano State receiving bribe totaling to $5 million, I briefly highlight here the offenses that might have been committed by the embattled governor and the sentences he may faced if found guilty,” Mr Bulama wrote on his Facebook page.
“Ganduje can be charged under several laws including the Penal Code Laws of Kano State, the EFCC Act and the ICPC Act. Each of these laws codify different, albeit similar, offenses and prescribe different punishments. I will only take the ICPC Act here.
“If Ganduje is investigated, charged and ultimately convicted under ICPC Act, he risks being jailed for up to 170 years. He may also pay at least 30 million dollars as compensation and fine. Let me break this down.
“First, if the allegations are proved, Ganduje has committed the offence of Asking Bribe under Section 8 of the ICPC Act and may, upon conviction, be imprisoned for a period of 7 years. This is because the man who shot the video told Daily Nigerian that Ganduje demanded him and others to pay the sum alleged as his “kickbacks” for the contracts he awarded them.
“Secondly, apart from asking bribe, Receiving Bribe is a distinct offence under section 8 of the ICPC Act. If, as shown in the video, Ganduje was receiving bribe, he would be punished, if found guilty, with another 7 years in prison.”
The lawyer also argued that based on the allegations and videos published, the governor may be imprisoned for five years for receiving official gratification.
“Thirdly, from the videos and the published allegations, Ganduje could be charged for the offense of Official Gratification. If found guilty, he might be sent to 5 years in prison without option of fine under section 19 of the ICPC Act.
“Fourthly, Ganduje could be charged for the offense of “Bribery for giving assistance in regard to contract” under section 22 of the ICPC Act, upon conviction, he may be jailed for a period of 7 years.
“Fifthly, Daily Nigerian claimed that it has at least 9 different videos in which Ganduje was shown receiving bribe. If shot on different occasions, each of these videos constitute a separate and distinct charge carrying a separate and distinct punishment in law. Thus, he could be charged for the 2nd, 3rd and 4th offences 9 different times and be found guilty and sentenced 9 times. If found guilty he would punished with imprison of 7 x 9 (for the 2nd offence) + 5 x 9 (for the 3rd offence) + 7 x 9 (for the 4th offence) which is equal to 171 years.”
“Finally, Section 20 of the ICPC Act provides that “Without prejudice to any sentence of imprisonment imposed under this Act, a public officer or other person found guilty of soliciting, offering or receiving gratification shall forfeit the gratification and pay a fine of not less than five times the sum of the value of the
gratification which is the subject-matter of the offence where such gratification is capable of being valued or is of a pecuniary nature, or ten thousand naira, whichever is higher.
“This means, upon conviction, Ganduje could be ordered to refund the 5 million dollars he allegedly received as compensation and be made to pay not less than 5 times the value of the total of the received gratification. That’s 5 million dollars multiplied by 5 which is 25 million dollars,” Mr Bukarti added.