A citizen of the Democratic Republic of Congo, Mr. Kutumisan Mbuta Blaise, last week Tuesday, forfeited a sum of $511,225 to the Nigerian Federal Government for failure to declare the foreign currency at the entry point into Nigeria.
In his ruling last week, Justice Ibrahim Buba of a Federal High Court in Lagos found Blaise guilty on a count of failure to make declaration of his foreign currency to the Nigerian Customs Service on arrival in the country as required by the law.
In rejecting the argument of Blaise’ lawyer, Mr. Sina Ibrahim, that the Congolese was ignorant of the protocol, the judge said the totality of the evidence placed before him by the Economic and Financial Crimes Commission showed that Blaise was not a first-time visitor to Nigeria, and could thus not claim to be ignorant.
The judge upheld the argument of the prosecutor, Mr. Abba Ahmed, that the prosecution did not have to establish that the undeclared foreign currency found on Blaise were proceeds of illicit business before holding the convict liable for money laundering.
Buba held, “The court also agrees with the prosecution that under the provision of the law which the accused was charged, it is immaterial whether the funds found on the accused were proceeds of illegal activities or not.”
The judge said the evidence before him was clear, saying he had no difficulty in interpreting the provisions of the Money Laundering Act.
He held, “The court is satisfied that the prosecution has proved its case beyond reasonable doubt, accordingly this court hereby finds you guilty.
“You are hereby convicted of the offence of failure to declare a sum of $511,225 in contravention of Section 2(3) of the Money Laundering (Prohibition) Act, 2011, as amended by Act 1 of 2012.”
According to the judge, the punishment prescribed by the Nigerian law for the offence that Blaise was convicted of is a minimum of two years imprisonment or the forfeiture of the seized currency or both.
But after convicting Blaise as charged by the EFCC, the judge said because Blaise had shown remorse, his punishment would be limited to the forfeiture of the entire sum.
“The convict did not complicate his case; he has shown remorse. The convict shall forfeit the entire sum and it is hereby forfeited to the Federal Government; there shall be no further punishment,” Buba held. Click to signup for FREE news updates, latest information and hottest gists everyday
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What of the millions Jonathan govt smuggled to SA in Oritsajiafors plane? Forfeit to SA
ReplyDeleteGive this man back his money and catch the real nigerian govt thief.
ReplyDeleteSee useless people, no proper investigation were tge guy got the money, you are judging now, God will judge u too. The thieves in government office have never been judged like in Nigeria, u wicked souls, now u want to show Buhari tgat u are working well, barao banza. Give the man his money
ReplyDelete