Lawyer Predicts Bobrisky's Fate at Court of Appeal
- The Federal High Court, Lagos, on Friday, sentenced Okuneye Idris Olanrewaju, aka Bobrisky, to six months imprisonment without the option of a fine for abuse and mutilating of the naira
- The court's judgement has sparked mixed reactions in the polity as many wondered why Bobrisky agreed to plea bargain
- A lawyer, Dr Charles Omole has urged Bobrisky's legal team to head to the Court of Appeal without delay, noting, "A major element of the law is proportionality"
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Legit.ng journalist Esther Odili has over two years of experience covering political parties and movements
A Nigerian lawyer has reacted as the court sentenced controversial cross-dresser Idris Olanrewaju Okuneye, popularly known as Bobrisky, to six months imprisonment without an option of a fine for abusing the Nigerian currency – naira.
Lawyer queried Bobrisky's plea bargain
Taking to his X account on Friday, April 12, the lawyer, identified simply as Dr Charles Omole @DrCOmole, a retired UK Judge, disclosed that Bobrisky must have offended "someone at the top" for him not to be given an option of a fine or a plea bargain.
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The lawyer in the post said, "Imposing the higher end of the sentencing guideline is unusual for a first-time offender who has plea-bargained with the prosecution."
He tweeted:
"I have been observing this case for a while now. The Six Months sentence is a punitive option of the Sentencing Guidelines. S.21 of CBN Act states a minimum of Six months in jail or 50k in fine or both. The option of a 50k fine would have been sufficient for a first-time offender who struck a plea bargain. Unless, of course, someone is trying to make an example of him.
"Our elders have a saying: When a child spills expensive oil in public, the father does not smack her so that people will not say the price of the oil is what is influencing the father. However, weeks later, the child spills water in public; then, the father smacks her for both the water and the oil.
"This chap must have offended someone powerful before, and they have been looking for an opportunity to nail him. Imposing the higher end of the sentencing guideline is unusual for a first-time offender who has plea-bargained with the prosecution."
Bobrisky will have a solid case at the appeal court
Speaking further, the lawyer explained more about plea bargains and why Bobrisky's legal team should head to the appeal court immediately.
He argued that until answers are provided to some of his questions below, Bobrisky will have a solid case at the appeal court that might lead to a reduction in the sentence.
The lawyer stated thus:
"Plea Bargains usually involve a sentencing recommendation to the Judge. What was agreed upon with his defence team? Did the judge ignore the agreed recommendation to sentence him? Depending on the answers to these questions and other factors, I see a solid case at the appeal court for a reduction in the sentence. His lawyers should appeal immediately. A major element of the law is proportionality.
"In my opinion, this sentence is disproportional to the offence of spraying naira notes for a first-time offender. No aggravating factors are stated in this case to warrant a more punitive punishment unless some other agenda is playing out here. For instance, were his lawyers told it would be a six-month sentence recommendation in exchange for dropping a more serious Money laundry charge? We don't know. Either way, it is a steep sentence for a first-timer."
Lawyer speaks on Bobrisky's ordeal
Earlier, Legit.ng reported that human rights lawyer, Inibehe Effiong, revealed some challenges Bobrisky will experience during his six-month jail term in Kiriki Prison, Lagos.
Effiong via X opined that Bobrisky will have a difficult experience in the custodial centre (prison) because he does not seem like someone who can stay in a restricted environment under harsh and excruciating conditions.
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Source: Legit.ng