A Nigerian woman whose lavish lover regularly showered her with expensive gifts, was acquitted on appeal after a court declared her not guilty of having retained goods derived from money-laundering activities.

Charity Ofame Ovbiagele, 30, born in Nigeria and residing in Malta, had been found guilty before a magistrate's court of having been party to a criminal racket involving her former lover, Ferdinand Onovo, the Nigerian national who only a few days ago was found guilty of taking part in a drug-trafficking conspiracy.

The man, who has been condemned to a 10-year jail term and a €25,000 fine, was allegedly involved in an extramarital relationship with Ms Ovbiagele back in 2009.

The court of appeal heard how the man used to keep his mistress in a rented apartment and regularly shower her with expensive gifts, including designer wear, lingerie, jewellery and perfumes.

The woman, who at the time of her arraignment, was a 23-year-old student at the University of Malta, had ended up entangled in the criminal investigations, following the arrest of a 42-year-old Nigerian woman by customs officers at the airport.

This passenger, Atinuke Ugojii, had been found in possession of almost €10,000 in her handbag and another €20,000 in her underwear following a personal search upon her arrival in Malta in October 2009. The woman had failed to declare the cash which she said she intended to spend in Malta on a shopping spree.

Among her possessions was a property firm's visiting card on the back of which was written an address in Naxxar and the name 'Charity'. Acting upon this evidence, police searched Ms Ovbiagele's apartment where they found several items of branded clothes, shoes, a television, jewellery and accessories. Some 240g of heroin were also found inside the flat together with €370 in cash.

The court of appeal, presided by Mr Justice Antonio Mizzi, observed that in the proceedings before the magistrate's court, Mr Onovo had confirmed that he had given many of the items to Ms Ovbiagele with whom he was having an affair.

Moreover, it was observed that Mr Onovo had occasionally won large sums of money on bets.

The defence argued that it was not sufficient for the prosecution to claim that the woman had received and kept goods which were derived from illegal sources. It had to be proved that the recipient did so with a view to participating in the laundering activity.

The court upheld this argument declaring that these were "gifts, even if expensive gifts, given to a girlfriend," and revoked the earlier judgment which had condemned Ms Ovbiagele to a two-year jail term suspended for four years.

Considering them otherwise would mean that any wife, friend or relative who received an expensive gift could end up criminally charged unless a VAT receipt was produced to prove the lawful origin of such gift.

Lawyer Joseph Giglio was defence counsel.

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