/
J
money is the object of money
laundering or otherwise illegally
obtained. The
investigations should be conducted within a reasonable time in the light of the
facts and circumstances of the case in order not to place such persons who may
eventually
be
circumstances
found
innocent
in
of this case, the time
undue
hardship. Given
lapse of over four
the
facts
and
years between the
confiscation of the money and conclusion of investigations was unduly long.
ANCILLARY ISSUES
45. Defendant also sought to establish that the plaintiff is indeed a criminal and
therefore the Court should take that into consideration in arriving at its decision.
The defendant relied on the opinion of the then Attorney-General and Minister of
Justice of the Federal Republic of Nigeria as expressed in a letter written to her
Attorney General and Minister of Justice (Exhibit R-1). Relevant portions of that
letter were quoted extensively by the defendant thus:
"(4) Mr. Ayika ... had been on the US DEA's list of wanted persons for drug
trafficking and mon-ey laundering ..."
"(7)... Valentine
Ogbonna did not disclose this huge sum of money to the
appropriate authorities before leaving the country (Nigeria) with same. The nondeclaration of the money at the point of departure in Nigeria in accordance with
.....the Money Laundering (Prohibition) Act 2004 as well as the circumstances
surrounding the transfer of this huge sum of money outside the country without
passing through a bank or financial institution are prima facie evidence that the
money was laundered."
"(8) Intelligence at our disposal is that Valentine Ogbonna was convicted in .
Philippines in 1997 for trafficking in cocaine between Bangkok and Philippines. He
is also believed to have been involved in laundering of proceeds of drugs, as he is
believed to own and operate several accounts in China and Hong Kong."
!t
46. The applicant denied that he had been on the US DEA's list of wanted persons
for drug trafficking and money laundering and stated that he had never been
17