Bobrisky and the cash
Convicted cross-dresser, Idris Olanrewaju Okuneye, popularly known as Bobrisky, has filed a notice of appeal challenging his conviction on a four-count charge of Naira abuse.
Justice Abimbola Awogboro of the Federal High Court, Lagos had on April 12 sentenced Bobrisky to six months imprisonment without an option of fine for abusing the Nigerian currency.
However, in his Notice of Appeal filed by his lawyer, Bimbo Kusanu, Bobrisky is praying the court to set aside the six months jail sentence imposed on him and replacing same with the option of a fine of N50,000 (Fifty Thousand Naira) on each of the counts against him.
The judge while sentencing the convict, said the judgment would serve as a deterrent to others that are fond of abusing and mutilating the Naira.
In his Notice of Appeal, Bobrisky aka Mummy Lagos stated that the trial court imposed the maximum sentence on him despite having no previous record of criminal conviction and when there were options to impose a lesser sentence by the provisions of the Administration Of Criminal Justice Act, 2015.
He submitted that the sentence imposed by the trial court is punitive contrary to the mandatory provisions of the ACJA on sentencing.
The Appellant also stated that the judge did not consider his positive antecedent of not wasting the precious judicial resources of the trial court when he pleaded guilty to the charge.
Part of the decision of the lower court complained of are “The sentence of the Lower Court that imposed maximum penalty of six-months imprisonment without option of fine on the Appellant who is a first time convict without previous record of criminal conviction.
“The Learned trial Judge erred in Law and in facts by his imposition of the maximum sentence of 6 Months imprisonment terms against the Appellant without option of fine contrary to the provisions of Section 416(2) d of the Administration of Criminal Justice Act of 2015 (“ACJA”) that prescribed the mandatory guidelines on the trial Court on imposition of sentencing after criminal conviction of a first time offender as the Appellant.
“The trial Court imposed the maximum sentence on the Appellant who has no previous record criminal of conviction when there are options to impose a lesser sentence by the provisions of the ADCJA.
“The Sentence imposed by the trial Court against the Appellant is punitive contrary to the mandatory provisions of the Law (ACJA) on sentencing.”
