Judgment
UGOCHUKWU ANTHONY OGAKWU, J.C.A. (Delivering the Leading Judgment): The appeal is against the decision of the Federal High Court, Abuja Division, Coram Judice: Abang, J., delivered on 7th October 2021. The Appellant was arraigned before the lower Court on a three count charge of operating an anonymous account by concealing his true identity, indirectly controlling funds which he reasonably ought to know forms part of the proceeds of unlawful activity and failure to make full disclosure of his assets in the Declaration of Assets Form.
The offences were contrary to and punishable under the provisions of the Money Laundering (Prohibition) Act, 2011 and the Economic and Financial Crimes Commission (Establishment) Act, 2004. In proof of the offences charged, the Respondent called three witnesses. In the course of the testimony of the third witness, the Appellant who was on bail stopped attending Court, whereupon, on the application of the Respondent, the lower Court, pursuant to the provisions of Section 352 (4) of the Administration of Criminal Justice Act, 2015, ordered that the trial continue in the absence of the Appellant.
The trial continued and after the Respondent closed its case, the Appellant remaining absent, his defence was foreclosed. After the final address by the Respondent, the lower Court proceeded to judgment, convicted the Appellant as charged and sentenced him to five years imprisonment on each of Counts one and three of the Charge, and fourteen years imprisonment in Count two. The Appellant, miffed by the judgment of the lower Court appealed against the same by Notice of Appeal filed on 8th November 2021.
The judgment of the lower Court is at pages 878-898 of Volume 2 of the Records of Appeal, while the Notice of Appeal is at pages 899-913 of Volume 2 of the Records of Appeal. The extant Notice of Appeal on which the appeal was argued is the Amended Notice of Appeal filed on 5th July, 2022, pursuant to the order of this Court made on 30th June, 2022. The two volume Records of Appeal having been compiled and transmitted, briefs of argument were filed and exchanged by the parties, which briefs learned Counsel adopted and relied upon at the hearing of the appeal.
