HOW THE BOBRISKY SAGA EXPOSED THE JUSTICE SYSTEM

● The only person that can drop a case in court is the Judge, when there is insufficient evidence to indict the accused, not the accuser. -Barr. Racheal Shuaibu.

● Are the house of representative members in the best position to investigate this matter? -Idayatu Musa

Nigerians have barely recovered from the Yahaya bello vs EFCC saga when a new issue attracting all attention sprung out. The Bobrisky saga exposes the rot in the Nigerian correctional system.

The saga began when famous blogger and controversial speaker Vincent Martins Otse also known as Verydarkman released a recording where controversial cross dresser Idris Okuneye popularly called Bobrisky claimed that he didn’t stay in prison as he did not serve the specified 6 month in prison as was served to him, he was however staying in an apartment.

According to the recording; Bobrisky paid 15 million naira to the EFCC for the Money Laundering charges to be dropped which was in addition to his naira spraying charges. Not just that, Verydarkman alleged that Bobrisky paid some millions of naira to secure a choice place in prison. This is but a summary of the whole ordeal.

Of course, such allegations attracted the attention of citizens including the House of Representatives who held a panel to investigate the allegation of Verydarkman. Four officers have since been suspended from the Nigerian correctional services after the audio became viral and investigations are to be conducted. The EFCC has also issued a statement that it would conduct internal investigations based on the allegation.
Idris Okuneye aka Bobrisky have since denied the allegations and sued Verydarkman for one billion naira claiming that the recording was doctored with the use of AI.

The EFCC, during the investigative panel at the House of Reps said that they did not receive any bribe to drop any money laundering case, however, the case was dropped based on the disclosure from the Special Control Unit Against Money Laundering (SCUML) that Okuneye’s firm ‘Bob Express’ was not a Designated Non-Financial Institution Business and Profession (DNFIBP) and as such could not be prosecuted for flouting provision of the Money Laundering Prevention & Prohibition Act, 2022.

As much as we are not disputing the EFCC’s submission, why wasn’t that the case during the court proceedings? When Okuneye was taken to court in April, the EFCC prosecutor, Mr Sulaiman Sulaiman requested the court to strike out counts five and six. He said:
“We have an agreement with the defendant to withdraw counts five and six. Therefore, we humbly urge the court to strike them out, leaving counts one and four.”

I believe the EFCC could have had it on record in court that they had written to SCUML and received information that the money laundering allegation could not hold. I guess here we would have to hold the choice of words of the EFCC to account.

The case currently is if Idris okuneye aka Bobrisky actually spent his jail term in prison; if the allegations by Vincent Otse that Bobrisky paid for preferential treatment is correct; and if the money laundering case was unduly dropped after bribery payment.

As the case became one for national concern, Mr Otse and Mr Okuneye were both invited to the House of Representation to state their case and aid further investigations. It is not surprising that Okuneye imitated Yahaya Bello by not appearing in court while sending his lawyer to represent him. He cited health issues as reason for not being present. Verydarkman was however present, and he confirmed the authenticity of the audio as being from a reliable source, and the source is from a person being owed by Bobrisky.

Verydarkman’s aim of sharing the audio is to help the offended party retrieve his 4 million and expose the corruption in the system.
The investigation held in the House of Reps also was quite unusual if I must say. The Deputy Controller of Corrections (DCC) in charge of the Medium Security Custodial Centre (MSCC) in Kirikiri, Michael Anugwa said Bobrisky was transferred to the Maximum Security Custodial Centre because he had some female features, including breasts. This same officer was reportedly suspended by the correctional service, but he was the spokesperson for the prison service during the investigative panel.

The arrangements by the correctional service to keep Okuneye in special or protective custody is not disputed. After all, special cases require special solutions. However, what is not agreeable is that he had to pay to be kept in a special cell or that he doesn’t serve his jail term at all.

Speaking with Barrister Racheal Shuaibu, A Kaduna based Lawyer, she said:
“The Bobrisky drama has shown how the system can be manipulated. A case can only be dropped when they don’t find sufficient evidence against the person. When you charge a person to court, it is your duty to provide evidence because the law says he who alleges must prove. If a person is arrested based on a charge, he has to be taken to court and the charge must be proven. The charge cannot be dropped just like that because that would be unethical, especially if it is among the first charges. This suggests corruption.

“You cannot just wake up in the morning and arrest someone and charge the person with a crime and then later change the charge. It means you can put any charge on a person and force the person to answer to it, which is not how it should be. one is supposed to have sufficient evidence before charging the person with a crime so the charge can stick in court.”

When asked if charges can be dropped in court, Barrister Racheal said:
“You can’t drop a charge in court. Once the case has been brought before a judge, you have to prove it. The only person that can drop a case in court is the Judge, when there is insufficient evidence to indict the accused, not the accuser. The court reserves the final judgement for every case irrespective of who presents the case. You should not be able to withdraw the charge in the middle of a case, because it causes injustice in some cases.

“Once you have charged a person to court for a crime, it means you have evidence to support your charge, you cannot drop the charges while the person is in court. A charge can only be dropped during investigation. The money laundering charge for example if it appears on the charge sheet, then there should be sufficient evidence against the accused. It is not your duty to drop the charge while it is in court, that power resides with the judge. For the EFCC to have charged Bobrisky with money laundering and filed for the charge but then withdrawing the charge during the court process, that is so unethical and nonchalant of them.

“It suggests that the EFCC just wakes up and drops charges anyhow without proper investigation and evidence. For a law enforcement agency, they are supposed to take their time to investigate and come out with sufficient evidence before you make your charges. Because you cannot come out with charges and then withdraw the same charges, that is improper. It spells incompetence.”

When asked what the consequences would be if evidence and investigation proves that Bobrisky served his 6 months outside the prison, Barr Shuaibu said:
“The prison officials will answer why Bobrisky spent his jail term outside the correctional centre after the court delivered its sentence to him. According to the Prison records, he has served his six months. You know when a person is arrested, sometimes he is kept under the custody of either the EFCC or the correctional centre until the time of his verdict. Then he will be transferred to prison. That is why criminal cases are always faster, so they don’t stay too long in the hands of EFCC or the Police. When the final verdict is given, he is moved to the correctional centre.

“According to court records, he has been taken to prison. So, the officials at the correctional centre would have to answer to the allegations that Bobrisky did not serve his term in prison. They might even be discharged if found guilty. As for Bobrisky, he would be charged afresh for bribery, corruption and evading of punishment but he cannot be charged for the same case twice, it is called double jeopardy.”

The Bobrisky saga elicits wide public interest mostly because of the agencies involved: The EFCC and the Nigerian Correctional Service. The alleged suspension of officers after the audio leak was claimed to be an audio suspension as no letters were issued to the affected officer as mentioned by Officer Anugwa.

If the EFCC had no evidence initially according to Bilkisu Bala, why was he arrested on that basis? Why wasn’t his SCUML record checked before charging him with money laundering and why does he claim to have paid his way out of that charge?

For the correctional service, what truly happens in the facility? Are special treatments really given to wealthy inmates? What then happens to the blind justice mantra? Finally, are the house of representative members in the best position to investigate this matter?

As Bobrisky has refused to honour summons by the House of Representative, it is hoped that he doesn’t adopt Yahya Bello’s tactics as well. This matter needs to be investigated and clarified to the last, and judgement be delivered to those accountable.