Controversial cross-dresser Idris Olanrewaju Okuneye, popularly known as Bobrisky, has filed an appeal at the Lagos Division of the Court of Appeal, seeking to set aside the six-month maximum imprisonment sentence imposed on him by Justice Abimbola Awogboro of the Federal High Court.
Bobrisky, through his lawyer, Bimbo Kasanu, is instead asking the appellate court to impose a fine of N50,000 on each of the four counts preferred against him by the Economic and Financial Crimes Commission (EFCC), News About Nigeria reports.
Bobrisky’s lawyer, in his appeal, argued that the sentence was punitive and contrary to the provisions of the Administration of Criminal Justice Act (ACJA), which prescribes guidelines for sentencing first-time offenders.
The lawyer also said that the trial court did not consider Bobrisky’s positive antecedents, as he had pleaded guilty and honoured the EFCC’s invitation during the investigation.
The Notice of Appeal stated that the trial court erred in law and facts by imposing the maximum sentence without considering the option of a fine and that the sentence was perverse and out of tune with the reality of what the trial court should have considered.
“The trial Court did not consider the positive antecedent of the Appellant, who did not waste the precious Judicial resources of the trial Court when he pleaded guilty to the Charge. The Appellant honoured the invitation of the Respondent-Economic and Financial Crimes Commission (EFCC) on the first invitation during the investigation leading to the charge.
“The trial Court failed to exercise his discretion judiciously and judicially in sentencing the Appellant. This has occasioned a miscarriage of justice against the Appellant,” the lawyer argued
Bobrisky’s lawyer urged the Appellate court to set aside the six-month imprisonment sentence and impose a fine of N50,000 on each count, citing miscarriage of justice.
Justice Awogboro had sentenced Bobrisky to six months in prison without an option of fine after he pleaded guilty to a four-count charge of abuse of the Naira.
The judge had held that the punishment would serve as a deterrent to others who abuse and mutilate the Naira notes.
Bobrisky admitted to misuse of the naira but asked for mercy.
According to him, he was unaware that it was against the law. However, the judge reminded him that not knowing the law doesn’t excuse breaking it.
Bobrisky requested a second chance to educate his followers against spraying the naira.
He said, “My Lord, I wish that you can give me a second chance to use my platform to inform and educate my followers about spraying money.
“I’m a social media influencer with over five million followers. I would do a video on my page, and I will educate people about spraying money.
“I will not repeat it again, my lord. I regret my actions, my lord. I’m a first-time offender.”
