Justice
Aisha Kumaliya of the Borno State High Court sitting in Maiduguri has
convicted and sentenced one Babakura Mustapha to eight years
imprisonment for the offence of impersonation and obtaining money under
false pretence. The offence is contrary to and punishable under Section
132 Penal Code Law Cap 102, Laws of Borno State. Mustapha was arraigned
on June 6, 2018 and pleaded “not guilty”.In the course of the trial, the
prosecution led by Khalid Sanusi presented three witnesses and tendered
some documents, which were marked Exhibits A1-A4. Mustapha allegedly
posed as a staff of the EFCC with the name “Mr. Kola” and in the assumed
capacity presented himself to one Mamman Bukar as the operative
handling “a case” purportedly against Bukar.Count one of the charge
reads: “That you, BABAKURA MUSTAPHA sometime in June, 2017 at Maiduguri,
Borno State within the jurisdiction of this Honourable court, falsely
impersonate a staff of the Economic and Financial Crimes Commission,
EFCC, and in such assumed character; you presented yourself to Mamman
Alh. Bukar, bearing a fictitious name Mr. Kola and pretended to be
handling his case in Economic and Financial Crimes Commission and
thereby committed an offence contrary to and punishable under section
132 Penal Code Law Cap 102,Laws of Borno State.”Delivering judgment,
Justice Kumaliya found him guilty and convicted him accordingly. During
allocotus, counsel for the convict pleaded with the court to temper
Justice with mercy as the convict was a first time offender and had a
family to cater for. Sanusi on his part urged the court to invoke
Section 365 of the CPC as to make the convict pay the sum of N80, 000 as
compensation to the victim (PW1) in the case. Justice Kumaliya
sentenced the convict on the first count of the charge to one year
imprisonment or an option of fine of N50,000. On count two, the convict
was sentenced to seven years imprisonment without an option of
fine. “The convict should pay the sum of N100, 000 for impersonation and
N800,000 to the complainant,” Justice Kumaliya ruled.