The incumbent President Goodluck Jonathan, allegedly made a secret agreement with late dictator Sani Abacha’s family in exchange for continuous protection against prosecution.
Abacha’s family was asked to return part of the loot in exchange of the agreement.
The deal between Jonathan and Abacha was obtained by the Premium Times.
It was personally accepted by President Jonathan in July 2014, and authored by Mohammed Adoke, the Attorney General.
The Berne Declaration, a Swiss nongovernmental organization has said that the agreement was a tragic triumph of impunity.
The organization has observed efforts by the Nigerian administration to discover hundreds of millions of dollars hidden by the former military ruler, and his family, in bank accounts across Europe, and America.
The deal closes criminal process for the marauding of the Nigerian coffers against the committers and their collaborators, with the outcome that they go without punishment.
Foreign banks engaged in the robbery have also not been punished of money laundering.
It worth to be mentioning that Swiss attorneys and others who assisted to ease the so-called out-of-court payment, will pocket fees up to 5% of all money recovered from the family from banks in Switzerland and other countries. The administration clearly accepted 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,” Swiss organization said.
Abacha family in exchange for clemency was made to collaborate with federal government to have the stolen funds repatriated.
On receiving of the stolen money, Nigeria will “end any and all legal proceedings and investigations against the settling parties (referring to the Abacha family)”.
The deal said the government will “recognise” properties owned by the family in Nigeria.
“The FRN (Federal Republic of Nigeria) will withdraw any and all civil proceedings against the settling parties,” it reads in part.
“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 part of deal adds.
See the full agreement below, continue reading initial story:
Transparency International estimates the sum of $5 billion was stolen by late dictator.
The funds comprise 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 money in nine accounts in Luxemburg and Liechtenstein totaling about $248.64 million and Euros179.14 million, which was moved to the Bank for International Settlements (BI) in 2014.
In June 2014, Liechtenstein decided 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 settled to return a further $380m.
The retrieval of the money had been blocked by legal action brought by companies connected to members of the Abacha family.
Nigeria accepted the secret agreement as a sort of petition bargain, to have the Abacha family stop its case, and let the money to be returned.
Anti-corruption activists dispute that seeking protection to those who assisted in pocketing the country blind will only encourage others to do the same or even worse.
The activists also wonder why the Nigerian administration failed to lay clearly as part of the deal how discovered money will be used for the benefit of Nigerians.
The Swiss organization further stated: “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.
“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.”
Attached by Attorney General Adoke, the deal forces the Federal Government to remove all incomplete cases against any member of the Abacha family at home and abroad, while all organs of administration, comprising the National Assembly, were banned from asking questions with the intent of recovering the stolen treasure.
The agreement also bars the government from taking any action to limit the constitutional rights, comprising freedom of movement of the Abachas within and outside Nigeria and right to property, in linking with the looting.
The Abacha family was represented by Mohammed and Abba Abacha, which also engaged international brokers.
President Jonathan instructed Adoke to represent Nigeria in negotiations.
Jonathan wrote: “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.”
Meanwhile the group of 14 Nigerian civil society groups has called the incoming government of Muhammadu Buhari to dismiss this secret agreement.
Sani Abacha was Nigerian military leader, who served as head of state from 1993 to 1998.
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