Bobrisky files an appeal challenging the conviction

• Bobrisky argued that the Court’s decision to impose the maximum sentence on him with no prior criminal conviction, while there are avenues to impose a lesser sentence under the provisions of the ADCJA, amounted to a miscarriage of justice.

Controversial cross-dresser, Idris Olanrewaju Okuneye, popularly known as Bobrisky, has asked the Lagos Division of the Court of Appeal to quash the maximum six-month prison sentence imposed on him by Justice Abimbola Awogboro of the Federal High Court.

Bobrisky is instead asking the court of appeal to fine him N50,000 for each of the charges preferred against him.

Justice Awogboro had jailed Bobrisky for six months without the possibility of a fine after he pleaded guilty to a four-count charge of misuse of the Naira filed against him by the Economic and Financial Crimes Commission (EFCC).

The judge in her judgment had held that the punishment would serve as a deterrent to others who are fond of misusing and mutilating the Naira notes.

But being dissatisfied with the verdict, the famous convict argued in his appeal that the lower court’s decision to impose the maximum sentence on him, without him having a previous criminal conviction, while there are possibilities for a lower sentence to be imposed by the judge. provisions of the ADCJA, amounted to a miscarriage of justice.

Bobrisky, through his lawyer, Bimbo Kasanu, has alleged that the sentence imposed against him by the court is punitive and contrary to the mandatory provisions of the law (ADCJA) on sentencing.

The lawyer also argued that the court failed to take into account the positive record of the appellant, who did not waste the court’s precious judicial resources when he pleaded guilty to the charge.

Kasanu further stated that the appellant honored the invitation of the respondent EFCC on the first invitation during the investigation, which led to the charge.

Part of the decision of the lower court complained of reads: “The sentence of the lower court which imposed the maximum penalty of six months’ imprisonment without option of a fine on the appellant who was convicted for the first time without a previous criminal record of a criminal conviction.

“The learned judge has erred in law by imposing the maximum penalty of six months’ imprisonment on the appellant, without the option of fine, contrary to the provisions of section 416(2)(d) of the Law on the Criminal Justice Act 2015. (“ADCJA”) which prescribed the mandatory guidelines for the court regarding the imposition of a conviction following a criminal conviction of a first offender as an appellant.

“The court imposed the maximum sentence on the appellant with no prior criminal record, while there are options to impose a lesser sentence under the provisions of the ADCJA.

“The sentence imposed by the court on the appellant is punitive and contrary to the mandatory provisions of the law (ADCJA) on sentencing.

“The appellant suffered a miscarriage of justice due to the maximum sentence imposed by the court.

“The reasons given by the learned court for imposing maximum punishment on the appellant, which essentially arises from what foreigners think about abuse of Naira, are perverse and not in keeping with the reality of what the court should have considered to punish the appellant impose a maximum penalty.

“The intent of the provisions of the Central Bank Act 2007 that the appellant was accused of is that Nigerians should not tamper with Naira and not what nationals of other countries think about Naira tampering.

“The court did not take into account the positive record of the appellant, who did not waste the court’s precious judicial resources when he pleaded guilty to the charges. The appellant honored the invitation of the Respondent-Economic and Financial Crimes Commission (EFCC) on the first invitation during the investigation that led to the charge.

“The trial court did not exercise its discretion in a judicious and judicial manner in convicting the appellant. This has led to a miscarriage of justice against the appellant,” the lawyer argued

He therefore urged the Court of Appeal to quash the maximum jail sentence of six months imposed on him and instead impose a fine of N50,000 on each of the charges against the appellant.