The Office of the Director of Public Prosecutions (ODPP) has taken legal action by filing a notice of appeal in a case where a Nigerian national had been acquitted of alleged money laundering amounting to $289,980, approximately equivalent to sh1.08 billion.
The acquittal of Ezeh Gibson Chukwuebuka was pronounced by High Court Judge Lawrence Gidudu on October 4, 2023. The judge cited insufficient evidence presented by the prosecution, leading to the decision that there was no basis for the defendant to defend himself, ultimately concluding that Chukwuebuka had no case to answer.
Following this acquittal, the Director of Public Prosecutions submitted a notice of appeal, aiming to challenge the decision. The state authorities are seeking access to the certified judgment and the records of the trial proceedings to establish the grounds for their appeal.
A notice of appeal serves as a formal document submitted to the court by the appellant, indicating the intention to appeal against the ruling of the trial court. It is noteworthy that the notice of appeal is filed with the trial court, not the appellate court.
The notice explicitly states, “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.”
In his ruling, Judge Gidudu expressed his reasoning behind the acquittal. He emphasized that the prosecution’s case was founded on a lack of understanding of the Anti-Money Laundering laws. According to Gidudu, the evidence presented was insufficient to establish a crucial element of money laundering and did not constitute a prima facie case.
Gidudu asserted, “I find that there is no prima facie case made against the accused, necessitating the court to require the accused to present a defense. Therefore, I acquit him of the charges.”
Additionally, Judge Gidudu ordered the return of the $289,480 that had been deposited in the account of the Financial Intelligence Authority (FIA) at Stanbic Bank to Chukwuebuka. He stated, “I order that the money, totaling $289,480 (sh1.08 billion), be returned to the accused. This return should be carried out in accordance with the law since there is no additional evidence indicating that it resulted from criminal activity.”
Furthermore, in his ruling, Gidudu highlighted that the investigation of the case had been conducted unprofessionally and carelessly by the investigator, Paul Higenyi. He remarked that Higenyi’s testimony was riddled with anecdotal accounts and hearsay.
Gidudu asserted, “The accused should have been given the opportunity to declare the money to the customs department of the Uganda Revenue Authority (URA). It was the customs department’s responsibility to ask the pertinent questions and, if necessary, escalate the matter to the FIA.”
