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Friday, the Sokoto Division of the Court of Appeal sentenced two Chinese nationals to six years in prison on two of three counts of conspiracy, money laundering, and attempted bribery to the tune of N50 million brought by the Economic and Financial Crimes Commission.
The prisoners are Meng Wei Kun and Xu Kuai.
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 Honorable 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 exceeded the amount authorised by law without going through
The second count reads, "That you, Mr. Meng Wei Kun, adult, male, and Mr Xu Kuai, adult, male, on the 11th day of May 2020 at approximately 2200hrs at Kasarawa Area, Airport road Sokoto State within the Jurisdiction of this Honourable Court (Federal High Court) made a cash payment of the sum of Fifty Million Naira (N50,000,000.00) to one Abdullahi Lawal, the then Zonal Head of Economic and Financial Crimes Commission Sokoto,
The appellate court found the respondents guilty of counts one and two in a unanimous decision rendered by Justice Abubakar Mahmud Talba in response to the EFCC's appeal of the Federal High Court of Sokoto's decision to discharge and acquit the defendants.
The court also sentenced the pair to three years in prison for each count, with the option of a N10 million fine for each count.
Justice Talba determined that the EFCC had established beyond a reasonable doubt counts one and two of the indictment before the Federal High Court, but agreed with the lower court on count three and accordingly dismissed it on the grounds that a similar indictment was pending before the Sokoto High Court.
Justice Talba stated, "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 a reasonable doubt before the lower Court, but surprisingly, the trial Judge recanted his decision and reversed his verdict.
"I regret to say that the trial judge's decision resembles a work of fiction, as he created doubts in his mind while carrying out his duties.
"Without a doubt, the trial judge erroneously concluded that no crime had been committed.
"Conspiracy is a separate crime even if the commission of the actual crime is thwarted, and in this case there is positive, compelling, and irrefutable evidence that the crime was committed."
He concluded by stating, "The respondents are Chinese, and a crime of this severity in their home country carries the death penalty, yet they corrupt our nation. As stated by President Muhammadu Buhari, the courts of the Federal Republic of Nigeria will not tolerate corruption under any circumstances.
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