Photo: The Chinese convicts
N100m bribery: Court sentences 2 Chinese nationals to 6 years imprisonment each
The Court of Appeal, Sokoto Division, has sentenced two Chinese nationals, Meng Wei Kun and Xu Kuai, to six years imprisonment for attempting to bribe operatives of Nigeria’s anti-graft agency, the Economic and Financial Crimes Commission, EFCC.
The appellate court’s decision follows an appeal brought before it by the EFCC against the judgment of a Federal High Court Sokoto, which had earlier discharged and acquitted the convicts.
Delivering a unanimous judgment on Friday, Justice Abubakar Talba held that the appeal was “immensely meritorious”, and sentenced the convicts to three years on each of the two counts
The judge held that the EFCC had proven counts one and two of the three count charge before the Federal High Court against the convicts beyond reasonable doubt.
He noted that the EFCC operatives had exhibited professionalism and integrity by rejecting the bribe offer, adding that the sentence would serve as a deterrent to other individuals and companies seeking to bribe public officials in Nigeria.
The judge agreed with the lower Court on count three and struck it out, noting that a similar charge was pending before the High Court of Justice Sokoto State.
He berated the convicts for attempting to frustrate the appeal through maneuverings.
Talba, however, granted the convicts an option of N10 million fine each on each count.
He said, “Gone are the days of technicalities in law. Going forward, courts must allow cases to be heard on its merits,” he held.
“The respondents are charged with Conspiracy and making a cash payment in excess of the threshold provided by the Money Laundering Prohibition Act 2011 as amended in 2012 to Abdullahi Lawal (then zonal head of EFCC Sokoto) which was established beyond reasonable doubt before the lower Court.
“Surprisingly, the trial Judge summersaulted in his judgement and recanted. I regret to say that the judgment is like a fiction by the trial judge who created doubts in his mind while discharging his responsibilities.
“Without doubt, the trial judge grossly misconceived that no offence was committed. Conspiracy is a distinct offence even if the commission of the actual offence is aborted, and in the instant case, there exists positive cogent inescapable evidence that the offence was committed.”
The judge added, “Before I draw the curtain, the respondents are Chinese and an offence of this gravity in their home country attracts the death penalty, yet here they are corrupting our country.
“The courts of the Federal Republic of Nigeria will not condone corruption in any way; as President Muhammadu Buhari has said, ‘if we don’t kill corruption, corruption will kill Nigeria.”
The convicts were found guilty of offering a bribe of N100m to EFCC officials in exchange for quashing an ongoing investigation into their company, China Zhonghao Nigeria Limited.
According to reports, the bribe was offered during a meeting at the company’s office in Lagos in 2018.
The EFCC officials, however, rejected the offer and subsequently arrested and charged them with two counts of attempting to corruptly induce a public official.
However, the court also gave the convicts an option to pay a fine of N10m on each of the two counts on which they were convicted.
This has sparked some criticism from anti-corruption advocates, who argue that the option of paying a fine could send the wrong message and encourage corruption in the country.
The sentencing of the two Chinese nationals is seen as a major victory for the EFCC, which has been at the forefront of the Nigerian government’s fight against corruption.
The agency has recently stepped up its efforts to investigate and prosecute cases of corruption, particularly those involving foreign nationals and multinational companies operating in the country.
The case has also highlighted the growing influence of Chinese companies in Nigeria, which has raised concerns about the potential for corruption and exploitation.
The Nigerian government has been urged to strengthen its regulatory and oversight mechanisms to prevent such incidents from happening in the future.
