Court to give judgement as traveller admits guilt for non-declaration of foreign currencies

The Federal High Court in Lagos has scheduled judgement for 2 May in a case involving a traveller who pleaded guilty to failing to declare foreign currencies exceeding the threshold amount upon arrival at Murtala Muhammed International Airport, Ikeja, Lagos, last December.

Agudosi Okechukwu was found with £8,020 and $704 that he did not declare. He admitted guilt when the Economic and Financial Crimes Commission (EFCC) arraigned him before trial judge Yellim Bogoro on Tuesday, a statement from the anti-graft agency said.

One of the offences was said to be contrary to and punishable under Section 3(5) of the Money Laundering (Prevention and Prohibition) Act, 2022

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.

The defendant was arrested in December 2024 at the Murtala Muhammed International Airport, Ikeja, Lagos by operatives of the NCS for failing to declare declaration to the tune of £8,020 and $704 and was subsequently handed over to the EFCC for further investigations.

Review of facts

Following his guilty plea, prosecution counsel, C.C. Okezie called on Abubakar Magaji, an operative of the EFCC, to review the facts of the case.

Mr Magaji told the court that the NCS handed over the defendant to the Lagos Zonal Directorate 2 of the EFCC, Okotie Eboh, Ikoyi, Lagos, for further investigation.

He further told the court that the defendant’s statement was recorded under caution.

He said the defendant failed to make the declaration because he claimed to have suffered a loss and was going to bring back the corpse of his brother.

He submitted the death certificate of his brother, his brother’s pictures and other documents.

Thereafter, Magaji identified the defendant’s statement, the handing-over note from the NCS , the arresting officer’s statement as well as the sums of £8020, and $704 to the EFCC.

The prosecution lawyer then the items in evidence.

The judge, Mr Bogoro, admitted and marked them as exhibits P1-P11.

The judge adjourned the case till 2 May for judgement and ordered that the defendant be remanded in a correctional centre.

Currency declaration violations

The currency declaration mechanism was put in place as a means of ensuring transparency and compliance with foreign exchange regulations.

But despite the law and the penalties it prescribes, many travellers still fail to make declaration as prescribed by law.

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.

Also in March, the EFCC began investigating Okorie Sunday, who was apprehended by the Nigeria Customs Service (NCS) at the same Lagos airport for false currency declaration.

Mr Sunday, who arrived from Johannesburg, South Africa, on 19 March, declared $279,000 at the Currency Declaration Desk.

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However, further searches revealed an additional $299,000 concealed in various packages, bringing the total to $578,000.

NCS also found €100 and counterfeit $250 bills among his belongings.

On 26 March, after the EFCC arraigned Mr Sunday, the court sentenced him to six months imprisonment for failure to declare the money.

The court further ordered that Mr Sunday’s money be forfeited to the Federal Government of Nigeria.

Earlier this month, the EFCC arraigned a Sierra Leonean national, Ahmed Shaw, before the Federal High Court in Ikoyi, Lagos, for failing to declare $90,000 in cash at the Murtala Muhammed International Airport.

The court then ordered the remand of Mr Shaw at a correctional centre.

The judge then adjourned the case until 15 April for commencement of trial.