EFCC
Money Laundering: Congolese
EFCC
Money Laundering: Congolese Forfeits $551,225 to
FG
The Court of Appeal in Lagos has affirmed the conviction of a
Congolese, Kutumisana Mbutu Blaise and the forfeiture of $551,225
(Five Hundred and Fifty One Thousand Two Hundred and Twenty Five
Dollars) only to the Federal Government.
The Economic and Financial Crimes Commission, (EFCC) had
arraigned the convict on April 21, 2015 before Justice Ibrahim Buba
of the Federal High Court, Lagos.
Lawyer to the EFCC, Abba Muhammed had urged Justice Buba to
convict Blaise, following his failure to declare the said $551,225
in his possession to the men of the Nigeria Customs Service (NCS)
at the point of entry into Nigeria.
According to Abba, Blaise’s action is contrary to Section 2 (3)
of the Money Laundering (Prohibition) Act, 2011 (as amended by Act
No 1 of 2012.
In his judgement on July 7, 2015, Justice Buba upheld the
argument of the EFCC’s lawyer and sentenced Blaise accordingly.
The judge further directed that the said $551,225, which Blaise
failed to declare, be forfeited to the Federal Government.
Dissatisfied with the verdict of Justice Buba, the convict
approached the Court of Appeal, Lagos for intervention, asking the
appellate court to set aside the judgment of the lower court.
But in a unanimous judgment by three Justices of the Court of
Appeal: Mohammed Lawal Garba, Tom Shaibu Yakubu and Jamilu Mammama
Tukur, the appellate court affirmed the verdict of the lower
court.
The appellate court further concurred with the decision of the
lower court over the forfeiture of the undeclared money, saying
that the said amount be forfeited to the Federal Government.
On why the judgment of the lower court was affirmed, Justice
Yakubu, who read the lead judgment of the appellate court, said, “I
have myself perused the pieces of evidence proffered by the
witnesses at the court below vis-a-vis the findings made by the
learned trial judge which ultimately culminated in the conviction
of the appellant (Blaise).
“I am satisfied that those findings are clearly borne out of the
evidence placed before his lordship. The findings are, to my mind,
unassailable. I have no reason whatsoever to tamper or interfere
with them. I affirm them accordingly. In the end, I resolve the
sole issue in this appeal against the appellant.
Tony Orilade
Ag. Head, Media & Publicity