Limit FG control of $480m Abacha funds, SERAP tells US
(Nigeria) Socio-Economic Rights and Accountability Project, SERAP,
has proposed to the United States Department of Justice “a repatriation
arrangement to limit control or management of $480 million forfeited Gen Sani Abacha
funds by the Nigerian government to the extent necessary to ensure that there
is transparency and accountability in the process.”
The organisation said this became necessary “in the light of
the unflattering indicators that the Nigerian government condones corruption in
public service and its precedent on repatriated funds.”
The letter was addressed to Mr Tom Malinowski, Assistant
Secretary of State for Democracy, Human Rights and Labor by SERAP’s Volunteer
Counsel, Professor Alexander Sierck and Omolola Adekanye of Cameron LPP,
Washington DC.
SERAP said that the Department of Justice should “lend
itself to public suggestions and proposals prior to drafting a proposal for
repatriation and disbursement of Abacha assets for Court approval. SERAP seeks
the State Department’s support for this purpose.
“SERAP is in ongoing communications with the Asset
Forfeiture and Money Laundering Section of the Department of Justice by Order
of Court entered on February 6, 2014 by District Judge John D. Bates of the
District of Colombia.
“Hence, SERAP has respectfully requested that the U.S.
Department of Justice publish an invitation in the Federal Register for public
suggestions and comments to be made regarding inter-alia i) Proposed permitted
and prohibited use of the Abacha funds; ii) Proposed framework for monitoring
and evaluation of development programs; and iii) Integration of transparency
and accountability protocols in the process of disbursement.
“Corruption remains the primary factor undermining
democracy, human rights and economic development in Nigeria. Fostering robust
anticorruption measures should therefore be a prime objective of U.S. foreign
policy regarding Nigeria and other comparable nations. Accordingly, SERAP
respectfully invites the State Department to support SERAP’s ongoing
discussions with the U.S. Department of Justice to achieve our shared
objective.
“SERAP’s concern about the repatriation and ultimate
disbursement of these funds stems from the fact that an arrangement that would
potentially allow the Nigerian government access, control or management of the
funds when repatriated undermines the objective of the Kleptocracy Initiative.
This is because the Nigerian government has shown no disposition towards
actively combating corruption by public officials and has not promoted
transparency and accountability in public spending.
“SERAP specifically notes that as testament to the above
claims, the Nigerian government dropped the nine counts of corruption charges
against the co-conspirators in the Abacha case, as well as in several other
high profile cases of large-scale embezzlement. Indeed, in 2014, the highest
honor of the Nation was conferred on the late Dictator Sani Abacha by the
Nigerian government in spite of his reputation, and a co-conspirator in the
Abacha matter currently holds office as a member of the Senate in Nigeria.
“SERAP further notes that the World Bank’s expenditure
report on the spending of the $500 million looted assets stolen by Sani Abacha,
which was repatriated in 2005, indicates that the weakness in the public
financial system in Nigeria and lack of a proper audit made it difficult to
track the spending of those repatriated funds.
“SERAP’s objective for the repatriation of these assets
aligns with the policy objectives of the U.S. under the Kleptocracy Initiative
with regards to repatriation of forfeited assets. However, SERAP, like the UN
Convention on Corruption Coalition, is concerned about the challenges of
ensuring that repatriation process and allocation of the funds will indeed be
transparent, promote accountability and ultimately not undermine human rights
and other interests of the true beneficiaries, the Nigerian people.”
In a separate letter dated March 25, 2015 addressed to the
U.S. Attorney General, Eric Holder, Jr. “SERAP notes that the Nigerian
Government has made its intentions to seek repatriation of these funds known.
However under the technical provisions of the relevant U.S. Laws and going by
precedents, also alluded to in your to SERAP, there is no basis for the
Nigerian Government to legitimately initiate the process of repatriation unless
by way of an international agreement such as in the Kazakhstan case which led
to the establishment of the BOTA Foundation.
“It is our understanding that at this juncture, the
Department faces the challenging responsibility of establishing a method of
disbursement of the funds that indeed meets the objectives of the Kleptocracy
Initiative for approval by Order of Court.
“SERAP notes that there is a lot at stake for the Nigerian
Nation and Her people in the event that the forfeited fund are repatriated
without pragmatic controls established by a formal arrangement. Nigeria’s
development and security hinges on the ultimate fight against corruption, and
as the Secretary of States John Kerry has repeatedly emphasized, the U. S.
shares this concern. We therefore hold that meticulous consideration of
thorough proposals in form of comments and suggestions made by the public is
apposite in the circumstance.”
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