Nigerian National’s Acquittal Challenged By DPP

Posted by: Kyeyune Andrew Jonathan in Uganda news October 21, 2023

The office of the Director of Public Prosecutions has filed a notice of appeal in the acquittal of a Nigerian national. The Nigerian got acquitted of alleged money laundering to a tune of $289,980 (approx. Shs1.08bn).

On October 4th, 2023, High Court Judge Lawrence Gidudu acquitted Ezeh Gibson Chukwuebuka of all money laundering charges. He did this on grounds that the prosecution did not present enough evidence to put the suspect on his defense.

Judge Gidudu ultimately ruled that Chukwuebuka really had no case to answer.

Following the acquittal, the DPP filed a notice of appeal looking to challenge the High Court’s decision. The state requires a copy of the certified judgement as well as a record of the proceedings to file the grounds of the appeal.

“Take notice that the Director of Public Prosecutions appeals to the Court of Appeal against the decision of His Lordship Justice Lawrence Gidudu, delivered on October 4, 2023, at the High Court of Uganda at Anti-Corruption Division – Nakasero, where the respondent was acquitted of money laundering contrary to section 3(c), 116, and 136(1) (a) of the Anti-Money Laundering Act, as amended,” the notice states.

In Gidudu’s ruling, he said the evidence produced was based on inadequate knowledge of the Anti-Money Laundering laws. It therefore became insufficient to make an important ingredient of money laundering and a prima facie case.

“I find that there is no prima facie case made out against the accused requiring the court to put the accused on his defence. I acquit him of the charges,” Gidudu ruled.

In addition to that, he ordered that the money ($289,980) deposited on Financial Intelligence Authority’s account be returned to Chukwuebuka.

“I order that the money deposited in the FIA account amounting to $289,480 (sh1.08 billion) be returned to the accused.

The same should be declared according to the law and returned to the accused because so far there is no further evidence that it was a proceed of crime,” Gidudu said.

He further stated how the investigators on the case did an unprofessional job which he said they did casually.

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