The Lagos High Court in Ikeja has sentenced Alhaji Wahab Olaniye Hammed, who is the Surulere leader of the All Progressive Congress (APC), to a one-year jail term or a fine of N1m.
Justice Ismail Ijelu sentenced the defendant after convicting him on a two-count charge of conspiracy and bribery.
At his arraignment, the EFCC Prosecutor, Samuel Daji, told the court that on February 25th, 2023, the defendant conspired with one Segun Ijitola (who is still at large) to pay bribes to voters corruptly during the 2023 Presidential and National Assembly Elections.
Daji said that the defendant committed the offence at Unit 28, Gbaja Girls Junior High School in Surulere.
The offences contravened the provisions of Sections 121(1) and (5); 121 (1) and 1 (3) of the Electoral Act 2022. The defendant pleaded guilty, and the court adjourned to enable the prosecution counsel to review the case before conviction and sentencing.
At the proceedings, the EFCC counsel, Daji, tendered in court a statement of the review of the prosecution’s facts against the defendant. Daji also told the court that the EFCC officers, while on election monitoring duties during the 2023 Presidential and National Assembly Election held on 25th February 2023, received an intelligence report that certain individuals were involved in vote-buying and bribery at Polling Unit 28 located at Gbaja Girls High School, Surulere, Lagos.
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Upon receiving the intelligence, the operatives of EFCC were dispatched to the venue. On sighting the operatives, the voters involved in vote-buying took to their heels, but the defendant was arrested with the sum of N121,000 in N500 denominations.
He was brought to the EFCC Ikoyi office with the exhibit. When he was interviewed, he stated that he is a ward leader of APC in Unit F3 in Surulere, Lagos, and he confessed that the money was given to him by one Hon. Segun Ijitola, who is a Senior Special Assistant to the Chairman of Surulere Local Government.
He admitted that he had shared part of the money with those who ran away, and it was to bribe voters to vote for his party, APC. He also admitted that he had spent part of the money. He made voluntary statements of at least two pages where he admitted these facts. He also admitted that he was ready to forfeit the sum found with him to the FG being proceeds of criminal activities.
The court admitted the defendant’s statements as evidence and also admitted as an exhibit the money recovered from him. The Prosecutor also urged the court to accept the facts as presented, convict the defendant accordingly, and order the forfeiture of the exhibit to the Federal Government as proceeds of a crime.
The defendant admitted that he understood the facts as presented by the prosecutor through an interpreter, and he reiterated his guilty plea. Having satisfied himself that the defendant clearly understood the facts and intended to admit the same, Justice Ijelu found him guilty and convicted him accordingly.
The defendant pleaded for mercy, saying that he had never been arrested before and that he had health issues such as high blood pressure, ulcers, and urinary incontinence. He also stated that he would have undergone surgery last Saturday if not for the case.
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The defendant’s counsel, Mr Olaniyi Ademola, in his allocution, asked the court to note that his client voluntarily decided to plead guilty. He also noted that the client was a first-time offender who had never been convicted before.
In his sentence, Justice Ijelu reminded the defendant’s counsel that he owed a duty to society to think deeply and speak words of truth to his clients. He reminded all parties that they must be partners in nation-building.
The judge remarked that the defendant has worsened his situation by resorting to crime, which has contributed to his children’s unemployment.
The court heard the defendant’s plea that he is a first-time offender with no prior criminal record and appears to be regretful.
The convict was charged under section 121 (1) (c) of the Electoral Act 2022, which states that “any person who offers or pays or causes to be paid any money to any person with the intention of using it for bribery in any election, commits an offence and is liable to a maximum fine of N500,000 or imprisonment for 12 months, or both.”
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The court has discretionary power under this section, and it finds that the convict bears high guilt, and his actions have caused significant harm. However, no aggravating factor was found against him.
The court takes into consideration his guilty plea, lack of previous convictions, and being a first-time offender in mitigating the sentence.
The court acknowledges the need to sanitize the electoral process, and therefore, imposing a non-custodial sentence on the convict may deter him from future misconduct.
As a result, Alhaja Wahab Olaniyi Hammed is sentenced to either one year in prison or an option of paying 500,000 on each of the two counts against him.
The convict shall forfeit the proceeds of the crime to the Federal Government and undertake in writing to the EFCC to be of good conduct and never to engage in crime again.
