SERAP to Trump: Demand looters' list from Buhari, ban suspects from entering US
*President Donald Trump of the United States
(Nigeria) Socio-Economic Rights and Accountability Project, SERAP,
has sent an open letter to President Donald Trump requesting him to demand from
President Muhammadu Buhari during his meeting with him this week “a
comprehensive looters’ list and to exercise your constitutional powers under
the Presidential Proclamation 7750 to instruct the United States Secretary of
State to temporarily ban those named on the list and their family members from
entering the US, pending the final determination of the cases against them.”
The group also urged President Trump to “use Presidential
Proclamation 7750 to ban those indicted for allegedly stealing some public funds
$2bn to buy 12 helicopters, four fighter jets and ammunition meant for the
fight against the terrorist group Boko Haram. The imposition of temporary
travel bans on senior public officials and others complicit in grand corruption
is a preventive and not punitive measure.”
Presidential Proclamation of 2004 allows the US Department
of State to deny visas to corrupt foreign officials, their families and
friends.
In the letter dated April 29, 2018 by SERAP executive director Adetokunbo Mumuni,
the group said: “Applying the
Presidential Proclamation 7750 would be very helpful to Nigeria’s efforts to
fight grand corruption and end entrenched culture of impunity of perpetrators
in the country. It would also facilitate equivalent visa bans in other globally
desirable locations as well. Limiting the abilities of suspected kleptocrats,
their families, and friends to enter the US and enjoy their loot abroad will
provide a significant crimp in their lifestyles.”
According to SERAP, “Imposing targeted anticorruption
sanctions against those accused of grand corruption in Nigeria would help to
deter corrupt behaviour by high-ranking public officials. Such sanctions would
not violate due process and presumption of innocence principles, if the reasons
for the sanctions are communicated to those that may be affected. Also, the
cases of those found not guilty of corruption can be revisited, since the
proposed travel suspension would be temporary until the final determination of
their cases.”
The organisation said Trump should “apply the Presidential
Proclamation 7750 as an instrument of foreign policy to promote targeted
anti-corruption sanctions in Nigeria, just as the US has for many years applied
targeted sanctions, including imposing travel restrictions on or freezing the
assets of those accused of terrorism. Our request meets the requirements of
Proclamation 7750 because grand corruption in Nigeria including the alleged
stealing of public funds meant to fight Boko Haram, has had serious adverse
effects on U.S. foreign assistance goals in the country and undermined the
stability of democratic institutions.”
The letter read in part: “Proactive initiatives to combat
global corruption have always been in the best long-term interests of the US.
Therefore, your application of targeted anti-corruption sanctions would
reaffirm US commitments to the global fight against corruption, help to
supplement Nigeria’s criminal justice system, and be entirely consistent with
the US obligations under the UN Convention against Corruption. Nigeria has also
ratified the Convention. SERAP believes that pervasive corruption is at the
heart of the insecurity, under-development and extreme poverty in the country.
“SERAP hopes that you will exercise your constitutional
powers to promote transparency and accountability and reduce corruption in
Nigeria. Presidential Proclamation 7750 of January 12, 2004 underscores the
importance of legitimate and transparent public institutions to world stability,
peace, and development.
“The Proclamation notes the serious negative effects that
corruption in countries like Nigeria has on the United States efforts to
promote security and to strengthen democratic institutions and free market
systems and reiterates the importance to the United States and the
international community of fighting corruption.
“Significantly, Proclamation 7750 underscores that it is in
the interests of the United States to act to restrict the international travel
and to suspend the entry into the United States, as immigrants or
non-immigrants, of certain persons who have committed, participated in, or are
beneficiaries of corruption in the performance of public functions. Section 5
provides that, ‘Nothing in this proclamation shall be construed to derogate
from United States Government obligations under applicable international agreements.
“SERAP notes that Presidential Proclamation was made
pursuant to the Constitution and the laws of the US, including section 212(f)
of the Immigration and Nationality Act of 1952. Section 1 allows suspension of
the entry into the US, as immigrants or non-immigrants of public officials or
former public officials accused of grand corruption, which has or had serious
adverse effects on the national interests of the United States. It also covers
the family members and friends of such public officials who are beneficiaries
of the proceeds of corruption.
“SERAP notes that the Nigerian government in 2016 published
details of the recoveries, which showed that the Nigerian government
successfully retrieved total cash amount N78,325,354,631.82, $185,119,584.61,
£3,508,355.46 and €11, 250 between May 29, 2015 and May 25, 2016. Also released
were recoveries under interim forfeiture, which were a combination of cash and
assets, during the same period: N126,563,481,095.43, $9,090,243,920.15,
£2,484,447.55 and €303,399.17.
“But the publication of the recoveries failed to disclose
the names of high-level public officials, politicians and others from whom the
funds were discovered. Consequently, in July 2017 Hon Justice Hadiza Rabiu
Shagari following a Freedom of Information suit number: FHC/CS/964/2016 ordered the Nigerian
government to widely disseminate including on a dedicated website information
about the names of high ranking public officials from whom public funds were
recovered since May 2015 and to disclose the circumstances under which funds
were returned.
“The Attorney General of the Federation and Minister of
Justice Mr Abubakar Malami, SAN, publicly said that government agreed with the
ruling and would carry out the order. However, the Nigerian government only
recently published alleged looters’ list. Even then, the list is not
comprehensive and would appear lopsided.”
Comments
Post a Comment