The Federal High Court sitting in Lagos has convicted and sentenced a businessman, Okorie Sunday who was arrested on March 19, 2025, at the Murtala Muhammed International Airport, Ikeja, Lagos, for failing to declare the sum of $299,000 and €100.
Justice Deinde Dipeolu sentenced the convict to six months imprisonment for his failure to declare the same and also ordered the forfeiture of the monies to the Federal Government of Nigeria.
The court held that the jail term would commence from the date of his arrest.
Before the court’s judgment, a mild drama occurred when Okorie slumped in the dock just as the charge was about to be re-read to him to enable him to change his plea from not guilty to guilty.
It took about six men to carry him out of the courtroom to the court clinic where he was given first aid treatment before he was subsequently carried into a waiting white bus and taken to the hospital.
The court stood down the matter for over four hours after which the doctors certified that the defendant was fit to stand trial.
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At the resumption of proceedings, Okorie who had previously pleaded not guilty to a four-count charge of money laundering and counterfeiting scam, changed his plea to guilty.
The EFCC withdrew two counts of counterfeiting scam and the defendant pleaded guilty to the remaining two counts of failing to declare $299,000 and €100, which were found to have been concealed in Relaxer hair cream containers in his bags.
Following his guilty plea, the EFCC called two witnesses, Tombo Nanowe and Felicia Paul, who reviewed the facts against him, after which the court delivered its judgement.
Tombo, a staff of the Nigeria Customs Service under the Anti-Money laundering section of MMIA, Lagos narrated what happened when the suspect approached the currency declaration desk after he landed from South Africa on the day.
“On the 19th of March 2025 at about 9.10 pm, Sunday Okorie approached the currency declaration desk and was asked how much he had on him. He declared $279,000.
“However, we were not convinced by the declaration after asking him twice and we decided to go on further profiling, that is further search because he was carrying 4 bags, 3 big bags and 1 cross bag.
“Upon further search, we discovered various amounts of money in dollars concealed in a pack of cream. The dollars were tied with blue paper and wrapped with cell tape. Upon unveiling it, we discovered and counted $299,000, $250 counterfeited dollars and €100 which were not declared.
“We put a call through to our area controller in charge of MMIA, who instructed that the passenger be restrained from proceeding, after which he was later handed over to the EFCC, the body responsible for prosecuting money laundering cases along with the declaration form which he had earlier filled.”
The EFCC operative, Felicia Paul, also gave evidence on how customs handed over Okorie and the cash exhibits to the Commission for further investigation. The witness also told the court that during the investigation, the defendant said he could not write fluently and his son, Emeka Okorie wrote his statement on his behalf.
According to the statement, the reason why he didn’t declare the remaining $279, 000 and €100 Euros was because he didn’t know the actual amount as he was given several amounts by some of his friends in South Africa to give the Bureau De Change man at Ikeja.
The Bureau De Change man, Sulaimon Abdulrasheed was also invited to the Commission and he made a statement.
With no objections from the defence counsel, the currency declaration form and all the statements were admitted in the evidence.
After these testimonies, the EFCC asked the court to convict the defendant and to forfeit the undeclared sum of $299,000 and €100 to the Federal Government.
In his judgment, Justice Dipeolu cited various authorities on the implication of a guilty plea. The court said it was satisfied that the defendant intended to admit the truth of all the essential elements of the offence as contained in the two counts and accordingly convicted the defendant.
In handing down his sentence, the judge said, “I have listened to the defence and prosecution counsel. I have considered the mitigating factors that the convict is a first time offender, who has no criminal record. He pleaded guilty on the following day after arraignment. I have also listened to the prosecution who informed the court that they are not aware of any previous conviction.”
“Section 3(5) of the Money Laundering Act, 2022 under which the defendant now-convict was charged provides that any person who falsely declares or fails to make declaration to the Nigeria Customs Service is liable on conviction to forfeit the undeclared funds or negotiable instrument or to imprisonment for a term of at least two years or both. Therefore, the convict shall forfeit the sum of $299,000 and €100 Euros to the Federal Government of Nigeria.
“Having considered the mitigating factors, the convict is sentenced to six months imprisonment to commence from the date of his arrest on March 19, 2025. The defendant/convict shall be remanded at the correctional centre.”