The Economic and Financial Crimes Commission (EFCC), on Wednesday, presented its first prosecution witness in the trial of a Sierra Leonean national charged with failing to declare $90,000 cash that was with him on his arrival at the Murtala Muhammed International Airport (MMIA), Ikeja, Lagos, in March this year.
The prosecution witness, Danladi Ibrahim, who is an operative of the National Drug Law Enforcement Agency (NDLEA), told the trial Federal High Court in Lagos, how he interrogated the Sierra Leonean man, Ahmed Shaw, on his arrival at the airport and discovered the hidden currency notes.
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“On 3 March 2025, at the new arrival hall of MMIA, I intercepted Alhaji Ahmed Shaw. I asked him where he was coming from and he said Sierra Leone. I then requested his passport. Thereafter, I conducted a search, and found the money concealed in his hand luggage,” Mr Ibrahim told the trial judge, Deinde Dipeolu.
PREMIUM TIMES reported that Mr Shaw was arraigned on 4 April after his arrest by the NDLEA at the MMIA for his failure to declare $90,000 hidden in his luggage. EFCC said failure to make the declaration constituted an offence contrary to and punishable under Section 3(5) of the Money Laundering (Prevention and Prohibition) Act, 2022.
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Section 3(5) of the Money Laundering (Prevention and Prohibition) Act, 2022 stipulates states that any individual who falsely declares or fails to declare funds or negotiable instruments to the Nigerian Customs Service, as required under the Foreign Exchange (Monitoring and Miscellaneous Provisions) Act, commits an offence.
The law requires individuals arriving in Nigeria to declare any foreign currency or negotiable instruments exceeding $10,000 or its equivalent to the Nigerian Customs Service (NCS).
Upon conviction, such an individual is liable to forfeit the undeclared funds or instruments and may face imprisonment for a minimum of two years, or both penalties.
Mr Shaw pleaded not guilty to the charges after which he was remanded at a correctional centre.
Witness recounts event
A statement from the EFCC providing highlights of Wednesday’s proceedings said the witness first prosecution witenss, Mr Ibrahim, informed the court that the defendant had claimed that the funds found were meant for a business trip.
Led in evidence by the prosecution lawyer, Z.B. Atiku, the witness also noted the money, upon its discovery, was counted in the presence of Mr Shaw, his lawyer, the arresting officer and the exhibit officer.
The prosecution counsel then tendered the extra-judicial statement obtained from the defendant in the NDLEA custody, a transfer note from the NDLEA to the EFCC, and the $90,000 cash as exhibits.
However, the defence team objected to the admissibility of the transfer note from the NDLEA to the EFCC, arguing that the witness was not the author of the document.
On the basis of the objection, the prosecution lawyer withdrew the letter.
Cross-examination
Under cross-examination by the defence, the witness was asked if he saw the defendant finish his clearance from the Immigration Service, and why he singled him out of other passengers.
Responding, the witness said, “He was profiled and asked routine questions, including where he was coming from and what he does for a living.
“He said he was a businessman but I was not satisfied with his response. So, I ordered my officers to search him.”
When asked if the defendant showed proof that he was a businessman, the witness said “ No”.
Also asked if there were officers from other agencies such as the Nigeria Customs Service around him on that day. Responding, the witness said he could not respond to the question because he was at his own duty post.
“It is my duty to do the investigation. Mine was to question whether the money was declared and the defendant did not respond to that question appropriately,” the said.
The trial judge adjourned proceedings till 7 May for continuation of trial.
Cases of non-declaration of funds
Many travellers still flout the law mandating the declaration of funds exceeding $10,000 on arrival in Nigeria. The law is an anti-money laundering measure to curb the movement of suspicious funds.
PREMIUM TIMES reported how Agudosi Okechukwu was found with £8,020 and $704 that he did not declare on arrival at the MMIA. Mr Okechukwu was arrested in December 2024 at the Murtala Muhammed International Airport, Ikeja, Lagos by operatives of the Nigerian Customs Service (NCS) and subsequently handed over to the EFCC.
Similarly, PREMIUM TIMES reported in March how a woman was convicted for failing to declare over $1.15 million and SDR135,900 (Saudi Riyal) on her arrival in Nigeria from Saudi Arabia.
The woman, Hauwa Ibrahim, said she was deceived into bringing the box containing the undeclared funds into Nigeria, trusting the owners.
Ms Ibrahim recounted how she was approached by a man, Nafiu in Saudi Arabia to enlist her help in carrying a box to Nigeria to a woman whose name was not disclosed.
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