For allegedly helping their father plunder
Nigeria of an estimated $5 billion in the
1990s, Mohammed and Abba Abacha, and
other relatives of the late dictator, Sani
Abacha, have been rewarded by the
Nigerian government.
A secret deal between the government and
the Abachas, wants the family to return part
of the loot, in exchange for perpetual
immunity against prosecution.
The deal, kept classified for months, was
personally approved by President Goodluck
Jonathan in July 2014, and jointly authored
by the Attorney General, Mohammed
Adoke.
The terms of the agreement, obtained by
PREMIUM TIMES in March, have alarmed
anti-corruption activists.
“The agreement is (also) a tragic triumph of
impunity,” said The Berne Declaration, a
Swiss nongovernmental organization,
which for years has monitored efforts by
the Nigerian government to recover
hundreds of millions of dollars stashed by
the former military ruler, and his family, in
bank accounts across Europe, and America.
The agreement closes criminal proceedings
for the plundering of the Nigerian treasury
against the perpetrators and their
accomplices, with the result that they go
unpunished.
Foreign banks involved in the heist have
also not been convicted of money
laundering.
Worse, Swiss lawyers and other attorneys
who helped facilitate the so-called out-of-
court settlement, will pocket fees up to five
per cent of all monies recovered from the
family from banks in Switzerland and other
countries. The government expressly
agreed to pay one of the attorneys $28
million.
“This is all the more troubling because
many of the banks involved have not been
convicted of money laundering. It is equally
incomprehensible that the Swiss lawyers
involved may pocket up to 7 percent of the
sum for their services, as this money
belongs to the Nigerian population,” Berne
Declaration said.
The base of the agreement is for the Abacha
family to cooperate with federal authorities
to have the stolen funds repatriated, in
exchange for clemency.
On receipt of the assets, Nigeria will “end
any and all legal proceedings and
investigations against the settling parties
(referring to the Abacha family)”.
The government will “recognise” properties
owned by the family in Nigeria, the
agreement says.
“The FRN (Federal Republic of Nigeria) will
withdraw any and all civil proceedings
against the settling parties,” one clause in
the agreement states.
Another clause says, “The FRN will end,
without any finding of liability or guilt, any
and all proceedings of whatever kind
including criminal, civil or administrative
proceedings contemplated or pending in
any court in Nigeria (including in relation to
forfeiture and or restraint) relating to or
arising out of any investigations into the
resolved matter, …”.
“The FRN will provide to any government,
authority or organisation, where necessary,
information, clearance or such other
documentation or support as may be
required by any or all of the Settling Parties
to ensure and guarantee unrestricted
movement in and out of Nigeria or in any
other state or country,” another clause
adds.
As Nigeria’s military leader between 1993
and 1998, Mr. Abacha stashed away billions
of dollars of public funds in various
accounts abroad.
Transparency International estimates $5
billion was stolen.
The money include those in three accounts
at HSBC Bank Plc, one in Standard Bank Plc
in England; five accounts in Cítibank Private
Bank of London; one account in Deutsche
Bank International Ltd, in Jersey, United
States; three accounts in Banque SBA SA
and one in Standard Alliance Corporation in
France.
There are also funds in nine accounts in
Luxemburg and Liechtenstein totaling about
$248.64 million and Euros179.14 million,
which was transferred to the Bank for
International Settlements (BI) in 2014.
In June 2014, Liechtenstein agreed to return
$227m, while the U.S. froze some $458m
hidden by Abacha in bank accounts.
Switzerland had earlier returned some $
700m. By March 2015, the country agreed
to return a further $380m.
The recovery of the money had been
blocked by legal action brought by
companies linked to members of the
Abacha family.
The government’s initial charges against
Abacha’s oldest son, Mohammed Abacha,
was for unlawfully receiving government
money from his father.
The Nigerian government agreed to the
secret deal as a sort of plea bargain, to have
the Abacha family drop its case, and allow
the money to be repatriated.
Geneva prosecutors had also closed their
own case against the Abacha.
Anti-corruption activists argue that granting
immunity to those who helped in stealing
the country blind will only embolden others
to do worse.
They also question why the Nigerian
government failed to lay clearly as part of
the agreement how recovered money will
be applied from the benefit of Nigerians.
“The agreement between Nigeria and the
Abacha family, approved by the Public
Prosecutor in Geneva, does not contain a
single provision to ensure that the returned
money will be of benefit to the Nigerian
people from whom it was stolen in the
nineties and who continue to suffer
endemic corruption,” Bernes Declaration
said.
“The entire arrangement is questionable,”
said David Ugolor of the Africa Network for
Environment and Economic Justice. “We
must let Switzerland see the need to
suspend further decision on the return of
the money stolen by Abacha until all the
terms are clearly established in a manner
that would really benefit Nigerians.”
Anchored by Attorney General Adoke, the
agreement compels the Federal
Government to withdraw all pending cases
against any member of the Abacha family
at home and abroad, while all organs of
government, including the National
Assembly, were barred from asking
questions with the intention of recovering
the stolen wealth.
Also, the deal forbids the government from
taking any action to limit the constitutional
rights, including freedom of movement of
the Abachas within and outside Nigeria and
right to property, in connection with the
theft.
Mohammed and Abba Abacha represented
the Abacha family in the negotiations, which
also involved international brokers.
Mr. Adoke represented Nigeria on the
instructions of President Jonathan.
“I hereby confirm that the Honourable
Attorney General of the Federation and
Minister of Justice, Mr. Mohammed Adoke
SAN CFR, has full authority to contract in
that capacity in relation to the Repatriation
Agreement between the Federal Republic of
Nigeria and Alhaji Mohammed Sani Abacha
and Alhaji Abba Abacha,” the president
wrote.
As part of the agreement, Nigeria will pay
four per cent of the sums recovered and
repatriated to Nigeria to Swiss agent, Enrico
Monfrini of Monfrini, Crettol & Associe,
which also entitled to another $5 million for
litigation expenses.
Another 2.8 percent of the recovered or
repatriated sum was agreed to be paid
Christian Luscher of CMS Von Erlach Poncet
Ltd (subject to a cap of $28million), while
the Abacha are expected to settle the legal
fees of their appointed agent, Nicola
Boulton, of Byrne and Partners of London.
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