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 Commissiom 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 that the prosecution has proved its csae 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.
The one one count filed against Blaise By the EFCC read, “That you, Kutumisan Mbuta Blaise, on or about the 8th day of May, 2014 at the Murtala Mohammed International Airport, Ikeja, Lagos, within the jurisdiction of his honourable court, had in your possession cash in the sum of five hundred and eleven thousand, two hundred and twenty-five dollars ($511,225), which you transported from the Democratic Republic of Congo to Lagos and failed to declare the said sum to the officers and men of the Nigerian Customs Service as required under the provisions of Section 2(3) of the Money Laundering (Prohibition) Act, 2011 (as amended by Act No. 1 of 2012) and hereby committed an offence punishable under Section 2(5) of the Money Laundering (Prohibition) Act, 2011.” Agency report
