The Ministry of Justice has refuted criticisms by Transparency International (TI), saying it is not treating with kid’s gloves, the recovery of loots by Nigeria’s former Military dictator Sanni Abacha as alleged by the organisation.
According to the Chief Press Secretary to the Honourable Attorney General of the Federation and Minister of Justice, Ambrose Momoh, in a statement released on Thursday that its attention has been drawn to the recent statement by Transparency International (TI) criticizing the very robust efforts of the Jonathan administration towards the recovery of stolen assets from the Abacha family and its associates.
Momoh described TI’s statement as false and an “unfortunate rush to judgment without the benefit of facts that nothing could be further from the truth.”
He revealed that the Federal Government is currently pursuing recovery proceedings against the Abacha family and its associates in Liechtenstein, Luxemburg, and the United Kingdom.
He disclosed that the Federal Government of Nigeria has also made a request for Mutual Legal Assistance in Criminal matters to the United States of America in respect of the stolen assets within that jurisdiction.
“Government is also working assiduously with the Department of Justice of the United States in respect of the forfeiture proceedings it commenced against the Abacha family and its associates,” Momoh said.
“The proceedings will make it possible for the Abacha family and its associates to forfeit over $550million and £95,910 Pounds sterling in 10 accounts and six investment portfolios linked to the Abachas in France, Britain, British Virgin Islands and the United States.”
He said it is unfortunate that a respected international body like TI can ignore the clear facts of the ministry’s recent history and the Jonathan administration’s track record on the matter to engage in baseless criticism.
“It is beyond doubt that the Jonathan administration has handled cases involving the so-called “Abacha loot” in a manner that protects the best interests of the country, while adhering to international best practices applicable to such cases,” he said.
“The incontrovertible facts are that the efforts to retrieve the “Abacha loot” predate this administration and have been on going over 16 years with varying degrees of success.”
Momoh said that as a result of the effective strategies adopted by the current administration and the pressure brought to bear on the Abacha family and its associates through sustained recovery proceedings in various jurisdictions, a significant increase, both in the quantum and rate of recoveries has been recorded.
“The criminal proceedings instituted against the family and their associates have forced them to back down from contesting the cases filed by the Federal Government of Nigeria to recover stolen assets in Liechtenstein, Luxemburg, the United Kingdom and the United States of America,” he revealed
“The Abacha family has also withdrawn their appeal before the European Court of Human Rights in Strasburg seeking to set aside the forfeiture orders made against them and their associates in Liechtenstein.”
He also disclosed the efforts of the government has led to the recovery of 226.3 million US Dollars from Liechtenstein in addition to the 7.5 Million Euros that was recovered from an associated company of the Abachas’ in Liechtenstein in 2011.
“It will also be recalled that in 2011, the Federal Government was able to recover and repatriate through negotiated settlement with the Jersey, the sum of 22.5 million pounds confiscated from an associate of the Abacha family by the Island of Jersey,” he said.
He said it is pertinent to state that the recent withdrawal of the criminal proceedings against Mohammed Abacha in Nigeria will facilitate the recovery of the sum of $380 Million US Dollars from the Luxembourg proceedings and $550 Million US Dollars from forfeiture proceedings instituted by the US Department of Justice.
“This is because the Abacha family has not only undertaken not to contest the proceedings, but to also cooperate fully with the Federal Government of Nigeria in the recovery proceedings,” Momoh said.
“It is therefore clear from the foregoing that the suggestion that “the Abachas have been allowed to get away with little loss” is totally false and at variance with the facts.”
Momoh explained that a key objective in the prosecution of corruption cases is the deprivation of the criminal offender of the proceeds of crime.
“This is achieved by the taking away of such proceeds of crime by the State (regurgitation and restitution),” he explained.
“This principal objective has been achieved to a very significant degree in the Abacha proceedings. While the yearnings for criminal sanctions in form of custodial sentences against the Abacha family is understandable, it should be appreciated that this is a case that has lingered for over 16 years.”
He asserted that the facts made it important to understand that the loot case can not be handled like regular fraud cases because it is not a “straightforward case where conviction is assured”.
“The standard of proof in criminal cases of this nature, which is “proof beyond reasonable doubt” poses great difficulty for the prosecution as any shadow of doubt is resolved in favour of the accused person,” Momoh said.
“This much was appreciated by the administration of President Olusegun Obasanjo, GCFR when it entered into a Global Settlement Agreement with the Abacha family.”
He explained that the current administration has ensured that government gets the best deal it can get, in the circumstance, saying the administration has worked closely and consulted widely with experts, international partners including global development agencies on these criminal proceedings and it is clear from the feedback received, that the Jonathan administration has done its best to protect the interest of the country.
Momoh concluded that the blanket criticism by TI, which has little bearing on the facts, is therefore unfortunate.
He said the singling out of Nigeria for criticism by TI for adopting measures, which are globally used in cases of this nature and which have produced good results for the country is unfair.
“The federal Ministry of Justice therefore wishes to assure the Nigerian public that it will at all times be guided by national Interest, the need to promote transparency and accountability and international best practices in the Ministry’s dealings with the Abacha family and indeed, all such recovery proceedings,” he concluded.
