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(2018) JELR 39534 (CA)

Court of Appeal 19 Mar 2018 Nigeria
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- Three persons were arraigned before the Federal High Court on charges of conspiracy and failure to declare money to the Nigerian Customs Service. - The appellant was charged only in the count of conspiracy. - The appellant's counsel objec

Case Details

Suit Number:CA/L/727C/2017
Judges:JUMMAI HANNATU SANKEY Justice of The Court of Appeal of Nigeria ONYEKACHI AJA OTISI Justice of The Court of Appeal of Nigeria JOSEPH EYO EKANEM Justice of The Court of Appeal of Nigeria
Counsel:Edwin Anikwem, Esq. For Appellant Joy Amahian For Respondent

JOSEPH EYO EKANEM, JCA (Delivering the Leading Judgment): Three persons were arraigned before the Federal High Court, Lagos Judicial Division (the trial Court) presided over by Anka, J. Appellant was/is the 3rd accused person. The charge sheet numbered FHC/L/5C/16 contains two counts of offences, viz; conspiracy to commit an offence, to wit; failure to declare the sum of $102,885 to the officers and men of the Nigerian Customs Service and failure to declare the said sum of money to the officers and men of the Nigerian Customs Service as required under Section 2(3) of the Money Laundering (Prohibition) Act 2011. Appellant was only charged in the first count of conspiracy.

The trial of the appellant and his co-accused persons commenced on 25/4/2016 presumably after they pleaded not guilty to the charge. The prosecution called two witnesses. In the course of the evidence-in-chief of the second witness for the prosecution, Hakeem Lasisi (erroneously described as PW1 by the trial Court) the…

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