Maduakonam,
a business man, was arrested sometime in February 2013 by operatives of the
EFCC for transporting in cash a sum of $200,000 (Two Hundred Thousand United
States Dollars), while attempting to board an Ethiopian Airline from Nigeria to Dubai,
United Arab Emirates. The money is above the threshold of $10,000 allowed by
law for an individual.
The
defendant failed to disclose the said sum to the Nigerian Customs Service as
required by Section 12 of the Foreign Exchange (monitoring and Miscellaneous
Provisions) Act CapF34 Laws of the Federation of Nigeria 2004 and Section 2(3)
of the Money Laundering (Prohibition) Act No. 11, 2011.
The
offence is punishable under Section 2(5) of Money Laundering (Prohibition) Act
No. 11, 2011 as amended by the Money Laundering (Prohibition) (Amendment) Act,
2012.
Justice
Ojukwu, while delivering the judgment prepared by Justice A. A. Ademola in
December 2017 shortly before his retirement said, the prosecution had proved
its case against the defendant beyond reasonable doubts.
“I
have no difficulty in convicting the defendant on the count preferred against him”,
the judge said.
Maduakonam’s
counsel, Babara Amosu, however, prayed the court to consider the convict as a
first time offender and temper justice with mercy, having admitted to his mistake
earlier in the trial.
On
other hand, counsel to the EFCC, M. E. Eimonye urged the court to apply the
full weight of the law adding that the offence was “intentional” and that the
defendant was fully aware of its consequences under law since that was not his
first time of travelling to Dubai.
Consequently,
Justice Ojukwu ordered the forfeiture of the $200,000 (Two Hundred Thousand
United States Dollars) which the convict concealed to the federal government.
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