Former NDLEA boss bags 16 years imprisonment

A Lagos High Court Judge, Justice Olusola Williams on Monday sentenced the former Chairman of National Drug Law Enforcement Agency [NDLEA] Bello Lafiaji to sixteen years imprisonment while his Personal Assistant, Usman Amali bagged 7 years imprisonment having been found guilty of using their offices to confer corrupt advantage upon themselves.

Delivering judgment in the two-year-old suit, Justice Williams held that the prosecution proved its case beyond reasonable doubt adding that the accused are guilty of conspiracy and abuse of their offices.

The court convicted Lafiaji on counts 1, 2,3,4,6 and 7 while Amali was convicted on counts 1,2,3,4 and 5 respectively; however, the sentences are to run concurrently.

The court held that Lafiaji conspired with his personal Assistant and illegally received 164,300 euro from one Ikenna Onochie, a suspect with the NDLEA in order to release him and his vehicles from custody.

"The action of the defendants to carry out their unlawful action is not in doubt. There was an agreement between them to do what they did. The prosecution has proved that the release of Ikenna Onochie was irregular", the court held while the court acknowledged that the former NDLEA boss did all he could to elevate the standards of the Agency he however allowed the love of money to tarnish his hard-earned reputation.

In addition, Justice Williams observed that Usman Amali, [second defendant] also followed the biddings of his master [Lafiaji] blindly.

The court held that the testimony of Samuel Gadzama [PW1] was credible and acceptable adding that his testimony did not change and did not contradict himself under cross examination.

Gadzama, who is head of NDLEA Special Investigation Unit (but is now under suspension), had during his testimony told the court that Lafiaji instructed him to release Onochie and his confiscated property the same day he was arrested.
He also testified that Lafiaji also instructed him not to document the arrest and seizure on the ground that the suspect was a friend of the NDLEA.

Lafiaji, was removed as the NDLEA boss in 2005, and had pleaded not guilty to the seven-count charge of conspiracy and abuse of office leveled against him and his Personal Assistant Usman Amali.

They were also said to have conspired to use their offices to confer corrupt advantage upon themselves, contrary to Sections 26 and 19 of the ICPC Act, 2000.

The ICPC had in its amended charge alleged that the accused had in November 2005 conspired to unlawfully receive 164,300 euro from one Ikenna Onochie, a suspect with the NDLEA, being exhibit seized from the suspect in order to release him and his vehicles from custody.

They were also said to have conspired to use their offices to confer corrupt advantage upon themselves, contrary to Sections 26 and 19 of the ICPC Act, 2000.
During the proceedings, prosecuting counsel, Bolaji Ayorinde SAN in his submissions, described the suit as a classical case of corruption and manipulation of the system by the accused persons.

Ayorinde further submitted that the facts of the case pointed to only one conclusion, which is the guilt of the accused persons. But, the defence lawyer, Professor Taiwo Oshipitan [SAN], while adopting his written address, urged the court to discharge and acquit the two accuse persons for lack of evidence adding that the prosecution built its case on mere suspicion.

Oshipitan submitted that the charges levelled against his clients were destined to fail from inception arguing that there are variations between the charges and testimonies of witnesses that came to testify in court.

He pointed out that while the prosecution alleged that 164, 300 euro was received from Ikenna Onochie, in order to release him and his vehicles from custody, but the statement of Onochie revealed that 168,400 euro was actually recovered from his house.

He submitted that it is the duty of the prosecution to prove every word contain in the charge and not to create doubt in the mind of the court.

THE recent conviction of the former Chairman/Chief Executive Officer of the National Drug Law Enforcement Agency (NDLEA), Mr Bello Lafiaji by Justice Olusola Williams of the Lagos State High Court is an encouraging development in the course of justice in Nigeria.

A former Chairman/Chief Executive Officer of a law enforcement agency, Mr Bello Lafiaji was a big fish in a big pond, but he and his former Special Assistant, Usman Amali were found guilty of conspiracy and abuse of office. According to the Judge, the prosecution successfully proved its case beyond reasonable doubt. In handing down the sentence, the judge said “The prosecution has successfully proved that the release of the drug suspect, Ikenna Onochie was irregular and so they are guilty as charged. They used their offices to confer personal advantages on themselves.”

ALTHOUGH, the court acknowledged that Mr Bello Lafiaji raised the standard at the NDLEA, he unfortunately allowed his reputation to be tarnished because of personal gains. His performance at the Agency was not enough to mitigate the full brunt of the law. The Independent Corrupt Practices and Other Related Offences Commission (ICPC) had accused the convicts of diverting 164,300 euros (about 37 million naira) allegedly seized from the drug suspect, Ikenna Onochie.

HITHERTO, the impression had been rife that the Nigerian justice system had been so corrupted that it could only apprehend and punish small time felons and cheap criminals while the big time influential and rich criminals walk the streets. However, with this conviction of Mr Bello Lafiaji, an establishment person, the signal is that with diligent prosecution, big time felons too have a tough time awaiting them in Nigeria.

THE truth is that there are many people in the mould of Mr Bello Lafiaji in public offices who are, in the words of the judge who sentenced Lafiaji, using their offices to confer personal advantages on themselves. Such people without qualms or scruples flaunt their ill-gotten wealth publicly to such an extent that the maxim that crime does not pay no longer seems valid in Nigeria.

WE believe that if many more high ranking public office holders, chief executives share in the fate of Mr Bello Lafiaji by being duly punished for their crimes, Nigeria may well be on the path of redemption at last. We also believe that it is possible to establish a system in which people get duly punished for their offences irrespective of their status in society.

WE commend the Independent Corrupt Practices and Other Related Offences Commission for this diligent prosecution that has caught a ‘big fish’ but the commission should recognise that it still has a lot of job to do to clean the country’s augean stable. There are many big fishes out there in the Nigerian pond that are filthy, and who need to be caught and put away like Mr Bello Lafiaji. It is one sure way of returning Nigeria to the path of becoming a saner and more humane society.

Just pray that the verdict will not be amended!

Originally Posted by Chinex

THE truth is that there are many people in the mould of Mr Bello Lafiaji in public offices who are, in the words of the judge who sentenced Lafiaji, using their offices to confer personal advantages on themselves. Such people without qualms or scruples flaunt their ill-gotten wealth publicly to such an extent that the maxim that crime does not pay no longer seems valid in Nigeria.

They will not escape forever,NINETY NINE DAYS FOR THE THIEF AND ONE DAY FOR THE OWNER,A king is coming that will not know them,their office is not forever.

Am still praying that this decision will not be defiled because it will stand as a warning to others who takes pleasure in looting, etc.

'Insha Allah', they shall not escape.