The Attorney General of the Federation and Minister for Justice, Abuakar Malami (SAN), has explained that the suit filed by a lawyer, Godson Nnaka, for a share in assets recovered from former military ruler, General Sani Abacha, valued at $458million is stalling the reparation of the money to Nigeria.
In
a statement he issued yesterday in Abuja, the minister said in 2013, the United
States Department of Justice, (USDOJ) as part of its Kleptocracy Asset Recovery
Initiative, commenced a forfeiture proceeding to confiscate approximately $550
million that had been corruptly obtained by late General Abacha and his
associates (the “Abacha Case”).
According
to him, a portion of the Abacha loot, valued at $458 million, has now been
forfeited to the United States.
He
said: “On December 17, 2015, the United States District Court for the District
of Columbia entered final judgment forfeiting certain Abacha assets valued at
$458 million.
“The forfeiture proceeding as to those assets is therefore concluded and the forfeited assets are ripe for repatriation to the innocent victim – Nigeria.
“The forfeiture proceeding as to those assets is therefore concluded and the forfeited assets are ripe for repatriation to the innocent victim – Nigeria.
“However,
Godson Nnaka has filed an appeal against the judgment of forfeiture, falsely
claiming to be entitled to a portion of the assets as compensation for legal
services allegedly rendered to Nigeria. His claim is untrue.
“The
USDOJ has represented to us that the appeal is the only issue delaying
repatriation of the forfeited assets to Nigeria. They have explained that the
forfeited assets are not located in the US and that only upon disposition of
the appeal would the US then have a final judgment upon which it can seek the
retrieval of the forfeited assets which are frozen in multiple foreign
jurisdictions and return same to Nigeria.
“The
forfeiture of the remaining $100 million in assets is still pending. The
forfeiture of these assets is being contested by certain individuals, who are
related to Atiku Bagudu (General Abacha’s associate) and who claim that these
assets are the subject matter of a private family trust.
“In
this regard, we are cooperating with the USDOJ by providing them with the
documents, information, witnesses and other evidence required to secure
expeditious forfeiture of this portion of the Abacha loot.”
Malami
also described as spurious the allegation by Nnaka that he asked for kickbak.
The minister said the allegations were aimed at extorting settlement from Nigeria and a sheer blackmail.
The minister said the allegations were aimed at extorting settlement from Nigeria and a sheer blackmail.
The
minister said Nnaka failed to appreciate and abide by the laws in the
jurisdiction wherein he practiced law.
He
said: “He fails to understand that even though the Abacha loot has been
forfeited to the US, there are additional provisions of US law wherein victims
of looted funds like Nigeria can have the looted funds returned to them.
“The
office of the AGF never negotiated any terms with Nnaka or his counsel. The only
communication with Nnaka was only out of professional courtesy. He was advised
to follow due process in requesting instructions as outside counsel retained by
Nigeria in this case did.
“He
was advised to submit his proposal to President Advisory Committee on
Corruption, the office of the Solicitor General, the Department of State
Services (DSS) and based on evaluation and recommendation from the above
bodies, the Office of the Attorney General would consider his request.”
Malami
said Nnaka’s allegations of a kickback demand were untrue and simply reek of
desperation.
Source: Thisday Newspaper
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