The Federal High Court in Lagos has convicted and sentenced a businessman, Duru Damian, to three months’ imprisonment for failing to declare $49,000 to the Nigeria Customs Service (NCS) at the Murtala Muhammed International Airport (MMIA).
The judge, Dehinde Dipeolu, delivered the judgment on Tuesday after Mr Damian pleaded guilty to a one-count brought against him by the Economic and Financial Crimes Commission (EFCC).
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According to the charge, Mr Damian was found in possession of $49,000 on 11 August at MMIA without declaring it to Customs, an offence under Section 3(5) of the Money Laundering (Prevention and Prohibition) Act, 2022.
The law requires individuals to declare cash or negotiable instruments exceeding US$10,000 or its equivalent when entering or leaving Nigeria. Failure to do so constitutes an offence punishable by forfeiture of the undeclared funds, imprisonment of at least two years, or both.
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During the review of facts, EFCC counsel Deborah Adamu-Eteh called the commission’s investigating officer, Muhammad Adamu Timta, who testified that the defendant was intercepted by Customs operatives on 11 August at MMIA while preparing to board a flight to the United States.
“A total of $49,000 was found on the defendant without declaration,” Mr Timta told the court.
He added that the suspect was immediately handed over to the EFCC for investigation.
The prosecution tendered the recovered money in evidence, which the court admitted without objection.
In his ruling, Mr Dipeolu sentenced Mr Damian to three months in prison and ordered the forfeiture of the $49,000 to the federal government.
Background
Mr Damian was arrested by Customs officers during a routine check at the Anti-Money Laundering/Combating the Financing of Terrorism (AML/CFT) Currency Declaration Desk at MMIA.
According to the commission, the businessman declared only $10,000, but a search revealed an additional $49,000.
Handing the suspect over to the EFCC, the Area Comptroller of Customs at MMIA, E.I. Harrison explained that the enforcement was part of efforts to ensure compliance with financial regulations.
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“At the airport, announcements are made at intervals on the need for travellers to declare their currencies, and electronic signages in the halls display these messages. Yet, we still encounter travellers who fail to comply with the law,” Mr Harrison said.
Receiving the suspect, the Acting Zonal Director of EFCC Lagos Zonal Directorate II, Ahmed Ghali, said the Commission would continue to enforce the law.
“All that we are saying is that laws are meant to be obeyed. We will always do our best, in line with our mandate, to ensure that any individual who violates the law does not go scot-free,” Mr Ghali said.
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