A man who gained €145,744.05 after claiming social welfare using a false name and identity has avoided jail.
The Circuit Criminal Court heard how Nigerian Christopher Oshodin (48), of Kildare Road Crumlin 12, came to Ireland in 2001, where he claimed to be from Zimbabwe after he said he was told the Taoiseach at the time was deporting Nigerians.
When he arrived in Ireland as an asylum seeker, he claimed his name was Christopher Umar, and has benefited from children’s allowance, jobseeker’s allowance, clothing allowance, household allowance, and travel allowance on dates between 2001 and 2023.
After claiming benefits as Mr. Umar for over two decades, in February 2023 he approached the Department of Social Welfare and confessed to his true identity. The court heard this was motivated by a desire for his three children to know their true heritage after his “conversion to honesty”.
The move was also motivated by a desire to “regularise” his immigration status.
Detective Garda Jason Weir told the court that it was unclear whether Oshodin would have been entitled to the benefits in his true name as a social welfare official had said that every individual’s circumstances have to be considered.
Letters from the Department of Social Welfare, the Department of Justice, and the true passport of the accused were submitted to investigating Gardaí as part of establishing his true identity.
The court heard that he is now in receipt of disability allowance, that he owes €33,000 in child benefit, and that there is €100 being taken from his child benefit as he is still in receipt of the payments as he has sole custody of his three children.
His status in Ireland is up for “renewal” next year, the court heard, and he is now a dedicated attendee at Living Christ Ministry, with the pastor of the church accompanying him to court.
His defending counsel, Simon Matthews BL argued that his client is a “proactive” person and has “integrated fully into his community”.
His former partner, Ms. Bernadette Smith submitted a character reference in respect of the accused saying that he is the step father to her daughters, and that he borrows money from her and pays it back.
Mr. Matthews said that his client had committed a “very serious offence” by giving a “wrong name” and country of origin and had “lived under that alias for a significant time”.
He said that Oshodin felt a “significant amount of guilt” for what he had done, but that he did it “for a right reason” and not for a “nefarious” one.
After considering a sentence overnight, Judge Martin Nolan said that the accused had used a “fake” name to extract social welfare from the State.
He said that the State was “entitled to people being honest and truthful and candid.”
Judge Nolan said that the accused had “made the case against himself” and that his guilty plea, lack of convictions, and cooperation had to be taken into account.
The court also placed weight on the accused’s being the sole carer for three children, saying it was the “only thing that stays my hand” in terms of imposing a custodial sentence.
He said that there was “no evidence to say what happened to the money”.
Judge Nolan said that although it was unclear if Oshodin would have been entitled to the money he had stolen under his name, that he was undoubtedly entitled to the child benefit in respect of his children.
He added that the “court is loath to deprive three children of their sole guardian,” before imposing a four year custodial sentence which he suspended in full on condition of good behaviour for four years and that Oshodin enter into a bond of €100.