An Austrian, Kavlak Onal, was on Thursday arraigned by the Economic and Financial Crimes Commission (EFCC) before a Federal High Court in Lagos for alleged non-declaration of the sums of $800,575 and €651,505, valued at about ₦2.28 billion.
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Onal was arraigned before Justice Yellim Bogoro on a two-count charge bordering on failure to declare foreign currency.
Counsel for the prosecution, Bilikisu Buhari, informed the court that the defendant committed the offence on December 13 during outward clearance at the Murtala Mohammed International Airport, Ikeja, Lagos, while travelling to Australia.
The prosecutor told the court that the defendant was arrested with the foreign currencies, which he allegedly failed to declare to officers of the Anti-Money Laundering Unit of the Nigeria Customs Service (NCS) at the airport.
Buhari said the alleged acts contravened Section 3(5) of the Money Laundering (Prohibition and Prevention) Act, 2022.
The defendant pleaded not guilty to the two-count charge when it was read to him.
Following his plea, the prosecutor urged the court to remand him in the custody of the Nigerian Correctional Service (NCoS) pending trial.
However, defence counsel, Barrister Sterlin Imhemuro, who appeared with Temilehin Olushola, informed the court that a bail application had been filed and served on the prosecution. He urged the court to remand the defendant in EFCC custody pending the hearing and determination of the bail application.
The prosecutor, Barrister Bilikisu Buhari, while confirming service of the bail application at about 9:03am, prayed the court for a short adjournment to enable her study the application and file a response.
Based on the submissions of counsel, Justice Bogoro adjourned the matter to January 16 for hearing of the bail application and ordered that the defendant be remanded in the custody of the Nigerian Correctional Service pending its determination.
The charges against the defendant read in part:
“That you, Mr. Kavlak Onal, on December 13, in Lagos within the jurisdiction of this Honourable Court, failed to declare the sum of $800,575 (Eight Hundred Thousand, Five Hundred and Seventy-Five United States Dollars) to the Nigeria Customs Service at the Murtala Mohammed International Airport, Ikeja, Lagos, thereby committing an offence contrary to and punishable under Section 3(5) of the Money Laundering (Prohibition and Prevention) Act, 2022.
“That you, Mr. Kavlak Onal, on December 13, in Lagos within the jurisdiction of this Honourable Court, failed to declare the sum of €651,505 (Six Hundred and Fifty-One Thousand, Five Hundred and Five Euros) to the Nigeria Customs Service at the Murtala Mohammed International Airport, Ikeja, Lagos, thereby committing an offence contrary to and punishable under Section 3(5) of the Money Laundering (Prohibition and Prevention) Act, 2022.”
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