The Sokoto Division of the Court of Appeal sentenced two Chinese nationals, Mr. Meng Wei Kun and Mr. Xu Kuai, to six years’ imprisonment on two of three counts involving conspiracy, money laundering and attempted bribery. The Economic and Financial Crimes Commission (EFCC) had brought the charges, alleging a cash payment of N50 million.
Count one alleged that, on or about 11 May 2020, the defendants conspired to make a cash payment of N50 million—exceeding the amount authorized by law—without using a financial institution. This constituted an offence under Section 18(a) of the Money Laundering Prohibition Act 2011 (as amended 2012), punishable under Section 16(2)(b) of the same Act.
Count two alleged that, at about 2200 hours on 11 May 2020 in the Kasarawa area of Sokoto State, the defendants paid N50 million in cash to Abdullahi Lawal, then Zonal Head of the EFCC Sokoto, again without using a financial institution. The payment exceeded the N5 million threshold and was intended to compromise an ongoing investigation involving China Zhongao Nigeria Ltd. This offence also violated Section 1(a) of the Money Laundering Prohibition Act 2011 (as amended 2012) and was punishable under Section 16(2)(b).
In a unanimous judgment, Justice Abubakar Mahmud Talba overturned a Federal High Court decision that had discharged and acquitted the respondents. The appellate court found the defendants guilty of counts one and two, sentencing each to three years’ imprisonment per count, with an option of a N10 million fine for each. Justice Talba held that the EFCC had proved the first two counts beyond reasonable doubt, but agreed with the lower court in striking out count three because a similar charge was pending before the Sokoto High Court.
Justice Talba criticized the trial judge’s reasoning, stating that the judge “created doubts” and “grossly misconceived that no offence was committed.” He emphasized that conspiracy is a distinct offence even if the underlying act is aborted, and that the evidence was “positive, cogent, and inescapable.” He concluded by noting the seriousness of the offence, remarking that such conduct would attract the death penalty in the defendants’ home country, and reaffirming Nigeria’s zero‑tolerance stance on corruption, echoing President Muhammadu Buhari’s warning that “if we don’t kill corruption, corruption will kill Nigeria.”
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