Kayode ShopekanJUSTICE Taiwo Taiwo of the Federal High Court in Abuja has released Aifuwa Courage Osasumwen, a 20-year-old cybercrime defendant
Justice Taiwo Taiwo exercised the court’s discretion and declined to uphold a plea bargain agreement Osasumwem entered with the Economic and Financial Crimes Commission (EFCC).
Osasumwen impersonated an American Van Diesel on Facebook with the intent of obtaining money from Patty Burrier.
The deal with the commission followed Osasumwem’s arraignment and guilty plea to impersonation of an American with intent to defraud.
Justice Taiwo referenced the fears of EFCC Chairman Abdulrasheed Bawa that, given the prevalence of cybercrimes, 70 per cent of Nigerian youth may become ex-convicts and society would become doomed.
He explained that the principle behind his decision was that some of the youths can still be saved by counselling and probationary punishments rather than tainting their future through conviction.
This charge reads: “That you AIFUWA COURAGE OSASUMWEM sometime in 2020 at Abuja within the jurisdiction of this court did fraudulently impersonate a United States Citizen named Van Diesel on Facebook account, geraldbuttler-01117@gmail.com with intent to obtain money from one Patty Burrier.
“You thereby committed an offence contrary to Section 22 (2)(b)(ii ) of the Cyber Crimes (Prohibition, Prevention ETC) Act 2015 and punishable under Section 22(2)(b)(i) of the same Act.”
The Judge noted that punishment is not the main aim of the criminal justice system, but that it is also geared towards rehabilitating the defendant so that he will know that crime does not pay.
In his words, “given the prevalence of cybercrimes and in echoing the fears of the current Chairman of the EFCC, if care is not taken, 70 per cent of our youth may be termed ex-convicts and our society is doomed. I am of the view that some of these youths can still be saved by counselling and probatory punishments in order to let them know that their future is tainted if they are convicted. They can never be appointed to any position in the public service and in fact, their private lives are also tainted. Who wants to be called an ex-convict? Going further they can never contest for any public office as an ex-convict. In fact, they carry, all through their lives from youth, the indelible mark of a criminal or ex-convict.”
“I will in the light of the above refrain from convicting and sentencing the defendant. This means I will not give effect to the plea bargain agreement in view of the fact that with respect to the defendant, I will exercise my powers under the ACJA 2015. Based on the provisions of ACJA 2015 which I have reproduced above, I have put into consideration the age of the defendant, that he is still young and thus can still turn a new leaf and be a responsible person; I have put into consideration the trivial nature of the offence and I have come to the conclusion that it is inexpedient to inflict a punishment on the defendant but expedient to release him on probation.” He added
The judge reiterated his promise to discharge the convict conditionally and ordered that the defendant in the presence of family, sign an affidavit that says he will no longer engage in criminal activities.
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