In a landmark ruling that reinforces the judiciary's stance on financial crimes, the Supreme Court of Nigeria has delivered two significant judgments involving the family of former Jigawa State Governor, Sule Lamido. The apex court upheld the conviction of his son, Aminu Sule Lamido, for currency declaration violations and simultaneously ordered the continuation of a high-profile corruption trial against the former governor and his two sons.
A Decade-Long Legal Battle Ends in Conviction
The Supreme Court, in a unanimous decision on Friday, dismissed the final appeal filed by Aminu Sule Lamido and affirmed the judgments of the lower courts that found him guilty of false declaration to the Nigeria Customs Service (NCS). The ruling brings to a close a legal battle that began over a decade ago.
The case originated on December 11, 2012, when operatives of the Economic and Financial Crimes Commission (EFCC) arrested Aminu at the Mallam Aminu Kano International Airport. He was attempting to travel to Egypt and was found in possession of $40,000. On the Customs Currency Declaration Form, however, he declared only the statutory $10,000.
Following his arraignment, the Federal High Court in Kano convicted him on July 12, 2015. The court ordered the forfeiture of 25 percent of the undeclared foreign currency to the Federal Government. Dissatisfied, Aminu, who was 34 at the time of his appeal, took his case to the Court of Appeal, Kaduna Division.
The appellate court, in a judgment delivered on December 7, 2015, dismissed his appeal and upheld the trial court's decision. His subsequent appeal to the Supreme Court, urging it to set aside his conviction, was found to lack merit. The five-man panel, presided over by Justice Adamu Jauro with the lead judgment delivered by Justice Abubakar Sadiq Umar, upheld the concurrent findings of the two lower courts.
N1.35 Billion Corruption Trial to Resume
In a related but separate judgment delivered on the same day, the Supreme Court ordered the resumption of the corruption trial of former Governor Sule Lamido and his two sons, Mustapha Lamido and Aminu Lamido. The EFCC had brought ₦1.35 billion corruption charges against them.
The Supreme Court set aside the July 2023 judgment of the Court of Appeal, which had discharged the former governor and his sons. Justice Abubakar Sadiq Umar, in the unanimous decision, held that the EFCC's appeal was meritorious.
The apex court consequently ordered that Lamido, his sons, and their co-defendants return to the Federal High Court to defend themselves against the EFCC's allegations. The defendants, including companies Bamaina Holdings Limited and Speeds International Limited, had been arraigned before Justice Ijeoma Ojukwu of the Federal High Court, Abuja, on a 37-count amended charge encompassing money laundering and abuse of office.
The EFCC's case alleges that Lamido, during his tenure as governor from 2007 to 2015, laundered ₦1.35 billion received as kickbacks from contractors executing projects for the Jigawa State government.
Legal Proceedings and Judicial Endorsement
The legal journey for the ₦1.35 billion case saw the defendants file a 'no-case' submission after the EFCC closed its case, arguing that no prima facie case had been established. The Federal High Court dismissed this submission, ruling that sufficient evidence had been presented to require the defendants to enter a defence.
This ruling was overturned by the Court of Appeal in July 2023, leading the EFCC to approach the Supreme Court. The anti-graft agency argued successfully that the appellate court erred in law by discharging the defendants despite what it termed an "avalanche of evidence" establishing a prima facie case.
The Supreme Court's dual rulings signify a major judicial endorsement of the EFCC's prosecutorial efforts in both cases. The case against Aminu Sule Lamido was prosecuted throughout by EFCC's Deputy Commander, Sa’ad Hanafi Sa’ad, while Aminu was represented by Chief O. E. B. Offiong (SAN).
These judgments underscore the judiciary's role in holding public officials and their families accountable, reinforcing the principle that no one is above the law in the fight against corruption and financial malfeasance in Nigeria.
