Bobrisky: The Injustice Of Our Justice System

As we all know, Bobrisky has now been found guilty and sentenced to 6 months in jail without the option of fine.Popular cross-dresser, Idris Okuneye, a.k.a. ‘Bobrisky’ on Friday pleaded guilty to a four-count charge of abuse of the naira and money laundering preferred against him by the Economic and Financial Crimes Commission (EFCC) at a Lagos court.Bobrisky arrived at the Federal High Court in Lagos around 11:50 a.m. for his arraignment on charges of money laundering and abuse of the naira.In the charge sheet filed by EFCC Prosecutor, Senior Advocate of Nigeria Rotimi Oyedepo, alongside seven other lawyers, Bobrisky is alleged to have tampered with the sum of N400,000 by spraying same while dancing at a social event at the IMAX Circle Mall, Lekki, Lagos.He was said to have also committed similar offenceat other occasions, which is contrary to and punishable under Section 21(1) of the Central Bank Act 2007 on March 24, 2024. Now Section 21(1) of the CBN Act 2007 provides that: 21(1) A person who tampers with a coin or note issued by the Bank is guilty of an offence and shall on conviction be liable to imprisonment for a term not less than six months or to a fine not less than N50,000 or to both such fine and imprisonment.Section 21(3) further provides that: 21(3) For the avoidance of doubt, spraying of, dancing or matching on the Naira or any note issued by the Bank during social occasions or otherwise howsoever shall constitute an abuse and defacing of the Naira or such note and shall be punishable under Sub-section (1) of this section.The CBN Act further defines spraying naira to include: adorning, decorating or spraying anything or any person or any part of any person or the person of another with Naira notes or coins or sprinkling or sticking of the Naira notes or coins in a similar manner regardless of the amount, occasion or the intent.It is clear from the above that spraying the naira is a strict liability offence, regardless of your intention or the ocassion. Which means once you are caught spraying naira whether at parties, burial, birthdays or whatever, you will be arrested and jailed.However, in reality spraying the naira is arguably part of our customs and traditions in nigeria. It is not only a way to show affluence and wealth in society but signifies joy and happiness of the sprayer. it is also a way to show appreciation and to reward friends, loved ones etc. It is on record that both politicians and celebrities from traditional monarchs, prominent persons and even children of the rich like Buhari's daughter, lawmakers have all been caught on camera spraying the naira at parties. See below for links.Yet none of these prominent persons have ever been invited for questioning by EFCC let alone being charged or sentenced by Court.What is more, EFCC went to war with Bobrisky with its most senior prosecutor and 6 other prosecutors. A move that is usually only reserved for the most high profile sensitive politically-exposed cases. All against an individual who had already agreed to plead guilty to the offences.From all the circumstances leading to the conviction, it is clear that Bobrisky fully cooperated with the prosecutors and did not waste the time of the Court with unnecessary prolonged appeals and adjournments. In other words it was a slam dunk case for EFCC.One then wonders why the Hon. Justice Abimbola Awogboro deemed it fit to executed the most ruthless judgment against a defendant who is not only a first time offender, but also fully cooperated with the justice system.When compared with other politically exposed persons who commit real offences and either get away scot free or are given ridiculous option of fine, one begins to wonder if there isnt more to the sentencing of bobrisky than meets the eye. We all know that in Nigeria, there is always more to a story than meets the eye.All this despite the fact that the Administration of Criminal Justice Act and Nigerian Correctional Services ACt have made ample provision for non cutodial sentences, of which the case against bobrisky clearly fits. Except there is something we dont know thaEFCC is not telling us.Bobrisky is one of the most popular crossdressers in Nigeria. It is widely known that despite the fact that he has many fans, there are many conservative persons who do not approve of his crossdressing. But the way idris chooses to live his life privately, should not be used as a yardstick for inflicting harsh punishment on him. In this case, the time clearly does not fit the crime for the following reasons:a. Spraying money at parties is part of Nigerian customs and traditionb. This is the first time Bobrisky has ever been charged for the offencec. Bobrisky fully cooperated with the law engorcement throught investigation and prosecutiond. The law provides for an option of finee. Bobrisky has already done time in EFCC custody up till the day of sentencingEventhough the Judge has prerogative of determining penalty for offences, it is cardinal point of law that justice most not only be done but must be seen to be done. Sentencing a first time offender to 6months without option of fine, for a crime that the whole Nigeria commits on a daily, hardly seems justiciable in my view. This is inspite of Nigeria's overcrowded prisons for which FGN has been pleading with the judiciary to be reasonable in sentencing. What is so grievous about spraying money that demands a convicted person be locked away for 6monthThe truth is that no matter what the law says, sprying money will never be eliminated in Nigeria. It would appear that the CBN Act is just a tool the law enforcement Agencies employ for personal vendetta. https://www.youtube.com/watch?v=BazYmnaSz8M https://www.premiumtimesng.com/news/headlines/476437-outrage-as-nigerian-lawmaker-caught-on-video-throwing-money-at-constituents.htmlhttps://www.nairaland.com/7713113/buhari-daughters-caught-spraying-dollarhttps://guardian.ng/news/ogun-monarch-caught-spraying-wasiu-ayinde-naira-notes-tenders-apology/https://saharareporters.com/2024/01/01/son-yusuf-bichi-dss-director-general-captured-camera-spraying-bundles-scarce-naira-notes