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.
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