The Court of Appeal in Sokoto, Sokoto State, has convicted two Chinese nationals of money laundering involving an attempt to bribe an investigative officer with N50 million cash.
The convicts – Meng Wei Kun and Xu Kuai – got away with only three years’ imprisonment with an option of a cumulative N20 million fine on the two counts they were convicted of.
The Economic and Financial Crimes Commission (EFCC) accused them of attempting to bribe its official with N50 million cash to compromise an ongoing criminal investigation on a Chinese firm.
According to a statement by the EFCC on Friday, the Chinese men gave the N50 million cash to the zonal head of the agency in Sokoto, Abdullahi Lawal, in May 2011, to compromise an ongoing criminal investigation of China Zhongao Nigeria Ltd.
The money, under Nigeria’s money laundering prohibition law, exceeded the N5 million cash threshold an individual is allowed to transact with.
EFCC said in its statement that the Federal High Court, Sokoto, had initially discharged and acquitted the two Chinese nationals of all three charges preferred against them.
But a panel of Justices of the Court of Appeal in Sokoto overturned the acquittal on Friday.
Delivering the lead judgement of the appellate court, a member of the panel, Abubakar Talba, described the Federal High Court’s decision that acquitted the Chinese men as “fiction”.
Mr Talba said in their home country, the Chinese men would have got the death penalty for the same offences.
The judge noted that “the respondents are Chinese and an offence of this gravity in their home country attracts the death penalty yet here they are corrupting our country.”
“The courts of the Federal Republic of Nigeria will not condone corruption in any way; as President Muhammadu Buhari has said ‘if we don’t kill corruption, corruption will kill Nigeria’,” Mr Talba added.
The judge went on to sentence the Chinese men to three years imprisonment on two counts of conspiracy to commit money laundering and money laundering.
The court acquitted convicts on the third count.
EFCC said the court then sentenced the Chinese nationals to three years on each of the two counts they were found guilty of with an option of N10 million fine on each.
READ EFCC’S STATEMENT IN FULL
EFCC Press Release
N50m Bribe: Appeal Courts Jails Chinese Nationals 6 Years for Money Laundering
The Sokoto Division of the Court of Appeal today, March 31, 2023 convicted and sentenced two Chinese nationals, Mr. Meng Wei Kun and Mr. Xu Kuai, to 6 years imprisonment on two of a three count charge bordering on conspiracy, money laundering and attempted bribery to the tune of N50 Million brought against them by the Economic and Financial Crimes Commission, EFCC.
In a unanimous judgment delivered by Justice Abubakar Mahmud Talba on the appeal of the EFCC against the judgment of a Federal High Court, Sokoto which discharged and acquitted the respondents, the appellate court found the respondents guilty of counts 1 and 2, and sentenced both to 3years imprisonment each of the counts, with an option of N10 Million fine on each count.
Justice Talba held that the EFCC had proved counts 1 and 2 of the charge before the Federal High Court beyond reasonable doubt but agreed with the lower Court on count 3 and accordingly struck it out on the grounds that a similar charge was pending before the Sokoto High Court.
According to Justice Talba, “the respondents are charged with conspiracy and making a cash payment in excess of the threshold provided by the Money Laundering Prohibition Act 2011 ( as amended in 2012) to Abdullahi Lawal (then zonal head of EFCC Sokoto) which was established beyond reasonable doubt before the lower Court but surprisingly the trial Judge summersaulted in his judgement and recanted.
“I regret to say that the judgment is like a fiction by the trial judge who created doubts in his mind while discharging his responsibilities.
“Without doubt the trial judge grossly misconceived that no offence was committed.
“Conspiracy is a distinct offence even if the commission of the actual offence is aborted, and in the instant case there exists positive cogent inescapable evidence the offence was committed.”
Justice Talba therefore held that the appeal was “immensely meritorious” and convicted and sentenced the Chinese nationals to three years on each of the two counts with an option of N10 Million fine each on each count.
He concluded by saying that, ” the respondents are Chinese and an offence of this gravity in their home country attracts the death penalty yet here they are corrupting our Country. The Courts of the Federal Republic of Nigeria will not condone corruption in any way; as President Muhammadu Buhari has said “if we don’t kill corruption, corruption will kill Nigeria”.
Count one reads: “That you Mr. Meng Wei Kun adult, male, and Mr. Xu Kuai adult, male, on or about the 11th day of May, 2020 in Sokoto within the Jurisdiction of this Honourable Court (Federal High Court) did conspire amongst yourselves to commit an offence to wit: making cash payment of the sum of Fifty Million Naira (N50,000,000.00) which sum exceed the amount authorised by Law without going through a financial institution and thereby committed an offence contrary to Section 18(a) of the Money Laundering Prohibition Act 2011 as amended in 2012, and punishable under Section 16(2) (b) of the same Act”.
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