What Nigeria’s laws say about Uche Nnaji’s possible jail terms over forgery, laundering charges
A former Minister of Innovation, Science and Technology, Uche Nnaji, is facing multiple jail terms over certificate forgery and money laundering charges against him, a review of laws prescribing punishment for his alleged offences has shown.
A former Minister of Innovation, Science and Technology, Uche Nnaji, is facing multiple jail terms over certificate forgery and money laundering charges against him, a review of laws prescribing punishment for his alleged offences has shown.
PREMIUM TIMES earlier reported that the Independent Corrupt Practices and Other Related Offences Commission (ICPC) arraigned Mr Nnaji before Justice Joyce Abdulmalik of the Federal High Court in Abuja on 13 July.
The court adjourned his trial until 21 September this year.
The ICPC filed a six-count charge against the former minister shortly after his arrest on 1 July.
His arrest and ongoing trial followed a painstaking two-year investigation published by PREMIUM TIMES in October last year, which revealed that the then-minister forged his UNN degree and NYSC certificates, which he submitted to President Bola Tinubu and the Nigerian Senate during his ministerial confirmation in 2023.
PREMIUM TIMES had earlier exclusively obtained a copy of the criminal charge sheet which contained details of the six-count charge against Mr Nnaji.
A review of laws prescribing punishment for Mr Nnaji’s alleged offences contained in the six-count charge shows that the former minister is facing a maximum of 57 years imprisonment or minimum of 47 years imprisonment if convicted.
Here is a breakdown of the laws and their prescribed punishments.
Count one of the charges alleged that Mr Nnaji’s taking possession of N29.5 million through his Fidelity bank account as basic salary while serving as minister when he reasonably ought to have known that such funds formed part of the proceeds of an unlawful act, violated Section 18(2)(d) and punishable under Section 18(3) of the Money Laundering (Prevention and Prohibition) Act, 2022.
Section 18 (2)(d) provides that “any person or corporate body whether in or outside Nigeria, who directly or indirectly acquires, uses, retains, or takes possession or control of, any fund or property, while intentionally, knowingly, or where the person reasonably ought to have known that the fund or property is or forms part of, the proceeds of an unlawful act,” is guilty of money laundering offence.
According to its subsection (3), convicted offenders face imprisonment for not less than four years and not more than 14 years, or a fine of not less than five times the value of the proceeds of the crime, or both.
Similarly, count two alleged that Mr Nnaji used his ministerial office to “confer corrupt advantage” on himself and thereby committed an offence contrary to and punishable under Section 19 of the Independent Corrupt Practices and Other Related Offences (ICPC) Act, 2000.
“Any public officer who uses his office or position to gratify or confer any corrupt or unfair advantage upon himself or any relation or associate of the public officer or any other public officer shall be guilty of an offence and shall on conviction be liable to imprisonment for five years without option of fine,” the Section of the ICPC Act 2000 reads.
Under count three, Mr Nnaji was accused of having intent to mislead Nigerian government by knowingly giving false information and presenting a false NYSC Certificate of National Service to the government for his ministerial appointment in violation of Section 17(1)(c) of the ICPC Act 2000.
Section 17 (1)(c) of the Act criminalises knowingly giving or using a materially false, erroneous or defective document with the intention of deceiving or misleading another person either directly or through an agent.
Offenders, upon conviction, are liable to five years imprisonment, according to the Act.
Count four alleges that, in August 2023, Mr Nnaji knowingly gave “false information” by presenting a Microbiology/Biochemistry degree certificate (Certificate Number: 004501) to the government, knowing it to be false, thereby violating the same section of the ICPC Act.
If found guilty on count four, the former minister could get additional five years imprisonment prescribed by the Act.
Count five alleges that, around May 1986, Mr Nnaji knowingly produced a false document – the Certificate of National Service (No. A231309) – and used it as genuine, committing an offence contrary to Section 363 and punishable under Section 364 of the Penal Code.
PREMIUM TIMES’ review of the Penal Code shows that while Section 363 of the code criminalises forgery, Section 364 prescribes punishment for convicted offenders.
“Whoever commits forgery shall be punished with imprisonment for a term which may extend to fourteen years or with fine or with both,” Section 364 of the code says.
Penal Code is the criminal law applicable in northern Nigeria while the Criminal Code Act applies only in southern Nigeria.
This newspaper understands that apart from other laws, Mr Nnaji’s trial under the Penal Code was because he committed the alleged offences in Abuja, a northern part of Nigeria.
Count six alleges that Mr Nnaji knowingly produced a false document – a “University Degree Certificate of Microbiology/Biochemistry with Certificate Number: 004501”—purportedly issued by the University of Nigeria, Nsukka, around July 1985.
He is accused of using the document as genuine, thereby committing an offence contrary to Section 363 and punishable under Section 364 of the Penal Code.
Again, if found guilty on the count, the former minister could get additional 14 years imprisonment prescribed by the code.
The possible jail terms are different from fines prescribed by various laws as contained in the charges reviewed by this newspaper.
Based on the review, the highest jail term that each of the charges can attract is 14 years.
This means that if convicted, Mr Nnaji could serve for only 14 years in prison if the court orders that his sentences should run concurrently or up to 47 years if the court rules otherwise.
The ICPC, in 2014, put the ICPC Act 2000 to test when the anti-graft agency secured the conviction and sentencing of then-Acting Provost of the Federal College of Education, Technical, Gusau, Bello Ahmed, to five years imprisonment for collecting double Duty Tour Allowance (DTA) for the same trip.
A state high court in Gusau, Zamfara State delivered the judgement.
Mr Ahmed was found guilty of violating Section 19 of ICPC Act 2000 by collecting his DTA twice for the same trip.
Last month, the commission also secured the conviction of a Deputy Commandant of the Nigeria Security and Civil Defence Corps (NSCDC), Idris Barde, for job racketeering.
Mr Barde was convicted by Justice Ngozika Nwabulu of the Federal Capital Territory High Court, Kurudu, Abuja, after being found guilty on a two-count charge of accepting gratification to secure employment in the NSCDC in violation of Section 18 of the ICPC Act 2000.
