By Innocent Anaba
The Supreme Court has struck out an appeal by Economic and Financial Crimes Commission, EFCC, effectively bringing to an end its attempt to overturn the acquittal of Dismass Adoon, a former aide to ex-Director-General of the Nigerian Maritime Administration and Safety Agency, NIMASA, Patrick Akpolobokemi.
The legal tussle originated at the Federal High Court, Lagos, which in 2019, convicted Adoon on multiple counts of conversion contrary to Section 15(1) of the Money Laundering (Prohibition Amendment) Act.
He was sentenced to seven years’ imprisonment on each count, with an option of a N7 million fine per count. Adoon challenged the decision at the Court of Appeal, Lagos.
In its unanimous judgment, the appellate court held that the prosecution failed to prove its case beyond reasonable doubt.
Delivering the lead judgment, Justice Chidi Uwa ruled that Section 15 of the Money Laundering Act is not a strict liability offence and therefore, requires proof of knowledge or intent.
The court found that Adoon, who served merely as a personal assistant to the NIMASA Director-General, was responsible only for managing schedules, visitors and itineraries. He neither participated in meetings nor in tender processes or committee accounts.
Consequently, there was no evidence that he knew or ought to have known that the funds in question were unlawfully obtained.
Dissatisfied with the decision, the EFCC approached the Supreme Court, seeking to overturn the acquittal and reinstate the conviction.
However, following the withdrawal of its motion, the Supreme Court struck out the appeal, thereby leaving the acquittal intact.
Source; Vanguard News
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