controversial cross-dresser and socialite, Idris Olanrewaju Okuneye, widely known as Bobrisky, has challenged his conviction on a four-count charge of Naira abuse.
Bobrisky filed a notice of appeal, seeking to overturn the six months imprisonment sentence imposed on him.
His lawyer, Bimbo Kusanu, is advocating for the replacement of the sentence with a fine of N50,000 (Fifty Thousand Naira) on each count.
Recall, On April 12, 2024, Justice Abimbola Awogboro of the Federal High Court, Lagos, sentenced Bobrisky to six months imprisonment without an option of fine for abusing the Nigerian currency.
The judge stated that the ruling would serve as a deterrent to others who are fond of abusing and mutilating the Naira.
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The famous cross-dresser had pleaded guilty to the four-count charge brought against him by the Economic and Financial Crimes Commission (EFCC) on April 5, however, in his Notice of Appeal, he argued that the trial court imposed the maximum sentence on him despite having no previous criminal record and when there were options to impose a lesser sentence by the provisions of the Administration of Criminal Justice Act (ACJA).
He contended that the sentence imposed by the trial court is punitive, contrary to the mandatory provisions of the ACJA on sentencing. He also pointed out 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.
He further stated that he honoured the invitation of the EFCC on the first invitation during the investigation leading to the charge.
The appellant complained about the decision of the lower court, stating, “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.”
He argued that the trial court erred in law and in facts by imposing the maximum sentence of 6 Months imprisonment terms against him without option of fine, contrary to the provisions of Section 416(2) d of the ACJA that prescribed the mandatory guidelines on the trial court on imposition of sentencing after criminal conviction of a first-time offender.
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He further stated that the sentence imposed by the trial court against him is punitive, contrary to the mandatory provisions of the ACJA on sentencing.
He claimed that he has suffered a miscarriage of justice by the maximum sentence imposed by the learned trial court.
While criticizing the reasons adduced by the learned trial court for the imposition of maximum punishment on him, which is essentially based on what foreigners think of abuse of Naira, he argued that this is perverse and out of tune with the reality of what the trial court should have considered to impose maximum punishment on him.
He pointed out that the intendment of the provisions of the Central Bank Act 2007 that he was charged with is for Nigerians not to tamper with Naira and not what nationals of foreign countries view about tampering with Naira.
Continuing, he said that the trial court failed to exercise its discretion judiciously and judicially in sentencing him, which has occasioned a miscarriage of justice against him.
Consequently, he urged the court to set aside the 6 months maximum imprisonment sentence imposed on him and in its place impose a fine of N50,000 (Fifty Thousand Naira) on each of the counts against him.
