The Economic and Financial Crimes Commission (EFCC) has arraigned Kavlak Onalaja, an Austrian national, before a Federal High Court in Lagos for failing to declare the sum of $800,575 and €651,505, equivalent to N2.28 billion.
Onalaja was arraigned before Justice Yellim Bogoro on a two-count charge of non-declaration of the total sum.
Bilikisu Buhari, counsel for the prosecution, told the court that the alleged offence occurred on December 13 during outward clearance at Murtala Mohammed International Airport to Australia.
The prosecutor said the defendant was arrested with the foreign currencies, which he failed to declare, by officers of the Anti-Money Laundering Unit of the Nigeria Customs Service (NCS) at the Lagos airport.
Buhari said the Austrian’s alleged conduct contravenes section 3 (5) of the Money Laundering (Prohibition and Prevention) Act, 2022, which makes such acts punishable.
The defendant pleaded not guilty to both counts when the charges were read to him.
Following the plea, the prosecution requested that Onalaja be remanded in the custody of the Nigerian Correctional Services (NCoS) pending trial.
However, the defendant’s lawyers, Barrister Sterlin Imhemuro and Temilehin Olushola, told the court that a bail application had been filed and served on the prosecution.
The defence counsel requested that their client be remanded with the EFCC pending the hearing and determination of the bail application.
Buhari confirmed she had been served with the bail motion at 9:03 a.m. and asked the court for a short date to review the application and file her response.
Justice Bogoro adjourned the matter to January 16 for hearing of the bail application.
The judge ordered that Onalaja remain in the custody of the Nigerian Correctional Services until the bail application is determined.
The charges read: “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 United States Dollars) to the Nigeria Customs Service at the Murtala Mohammed International Airport, Ikeja, Lagos, and you thereby committed an offence contrary to and punishable under section 3 (5) of the Money Laundering (Prohibition and Prevention) Act, 2022.”
The second charge stated: “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, and you thereby committed an offence contrary to and punishable under section 3 (5) of the Money Laundering (Prohibition and Prevention) Act, 2022.”