The Supreme Court has upheld the two-year jail term handed a businessman, Ngene Linus Chibuike, who the Economic and Financial Crimes Commission (EFCC) held for falsely declaring huge foreign currencies found in his possession.
The apex court, in a judgment on Friday, also upheld the decision of the Court of Appeal to the effect that he forfeits $2,506,998 to the Federal Government.
The EFCC prosecuted Chibuike on a one-count charge of falsely declaring the sum of $11,500 instead of $2, 506, 998 to the officers of Nigerian Customs Service(NCS) as required under the provision of Section 2(5) of the Money Laundering (Prohibition) Act 2011 (as amended by Act No. 1 of 2012).
He pleaded not guilty to the charge, but the trial judge, Justice I.N Buba of the Federal High Court, Lagos on February 9, 2016, found him guilty and sentenced him to two years imprisonment.
Justice Buba also ordered that the $2,506,998, which he didn’t declare be forfeited to the Federal Government of Nigeria.
Not satisfied with the judgement, Chibuike approached the Court of Appeal for reprieve and lost, prompting him to yet again, approach the Supreme Court.
Justice Musa Datijo Muhammed, in the lead judgment of Supreme Court on Friday, upheld the argument by lawyer to the EFCC, Ekele Iheanacho, that Chibuike’s appeal lacked merit.
Other members of the Supreme Court’s five-man panel that heard the appeal, was unanimous in dismissing the appeal.
Chibuike was arrested on October 8, 2015 at the Murtala Muhammed International Airport, Lagos, by officers of the Nigeria Customs Service, for not declaring the $2,506,998 in his possession and was subsequently handed over to the EFCC for prosecution.