Why We Withdrew Charges Against Mohammed Abacha – FG
The federal government explained yesterday that its recent withdrawal of the criminal proceedings against Mohammed Abacha in Nigeria became necessary to facilitate the recovery of about $380million from the Luxembourg proceedings and $550million from forfeiture proceedings instituted by the US Department of Justice.
It also described as unfortunate and unfair what it termed “blanket criticism” by Transparency International (TI) condemning the decision of the Jonathan administration to withdraw the money laundering charges against the Abacha family.
In a statement it issued accusing the federal government of encouraging impunity by allowing the Abacha family to be set free, TI had contended that “allowing the theft of public funds to go unpunished sends the wrong message that those with powerful connections can act with impunity”, especially as the government has not given adequate reasons for dropping the charges.
But the attorney general of the federation (AGF) and minister of justice, Mr Mohammed Adoke, who made the federal government’s position known, noted that while TI’s statement in this regard was not only “an unfortunate rush to judgement without the benefit of facts”, nothing could be further from the truth.
In a statement issued by his chief press secretary, Mr Ambrose Momoh, Adoke said, “The blanket criticism by TI, which has little bearing on the facts, is therefore, unfortunate. 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”.
Noting that the federal government is currently pursuing recovery proceedings against the Abacha family and its associates in Liechtenstein, Luxemburg, and the United Kingdom, Adoke said recoveries of the Abacha loot already made and those expected to be made amount to $1billion.
For instance, the AGF said the federal government had 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.
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 added.
Explaining why the the criminal proceedings instituted against the family and their associates was withdrawn in Nigeria, Adoke said the case abroad “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.
“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. The aforementioned steps have 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”.
He recalled that in 2011, the federal government recovered and repatriated 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.
Accordingly, the AGF 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. 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”.
faulting TI position on the withdrawal of the case, the AGF said, “It is therefore unfortunate that a respected international body like TI can ignore the clear facts of our recent history and the
Jonathan administration’s track record on this matter to engage in this kind of 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 noted that efforts to retrieve the “Abacha loot” predated the Jonathan administration “and have been on going over 16 years with varying degrees of success.
“However, it is the efforts of the Jonathan administration in this respect that has ‘put the icing on the cup cake.’ As a result of the effective strategies adopted by this 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”, he added.
He further noted that, while it was the administration of former President, Olusegun Obasanjo that entered into a Global Settlement Agreement with the Abacha family, “what the administration of President Goodluck Ebele Jonathan, GCFR has done is to ensure that government gets the best deal it can get, in the circumstance.
“To this end, this 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 there is no doubt that the Jonathan administration has, within the constraints imposed by this case, done its best to protect the interest of the country”, Adoke clarified.
It also described as unfortunate and unfair what it termed “blanket criticism” by Transparency International (TI) condemning the decision of the Jonathan administration to withdraw the money laundering charges against the Abacha family.
In a statement it issued accusing the federal government of encouraging impunity by allowing the Abacha family to be set free, TI had contended that “allowing the theft of public funds to go unpunished sends the wrong message that those with powerful connections can act with impunity”, especially as the government has not given adequate reasons for dropping the charges.
But the attorney general of the federation (AGF) and minister of justice, Mr Mohammed Adoke, who made the federal government’s position known, noted that while TI’s statement in this regard was not only “an unfortunate rush to judgement without the benefit of facts”, nothing could be further from the truth.
In a statement issued by his chief press secretary, Mr Ambrose Momoh, Adoke said, “The blanket criticism by TI, which has little bearing on the facts, is therefore, unfortunate. 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”.
Noting that the federal government is currently pursuing recovery proceedings against the Abacha family and its associates in Liechtenstein, Luxemburg, and the United Kingdom, Adoke said recoveries of the Abacha loot already made and those expected to be made amount to $1billion.
For instance, the AGF said the federal government had 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.
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 added.
Explaining why the the criminal proceedings instituted against the family and their associates was withdrawn in Nigeria, Adoke said the case abroad “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.
“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. The aforementioned steps have 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”.
He recalled that in 2011, the federal government recovered and repatriated 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.
Accordingly, the AGF 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. 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”.
faulting TI position on the withdrawal of the case, the AGF said, “It is therefore unfortunate that a respected international body like TI can ignore the clear facts of our recent history and the
Jonathan administration’s track record on this matter to engage in this kind of 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 noted that efforts to retrieve the “Abacha loot” predated the Jonathan administration “and have been on going over 16 years with varying degrees of success.
“However, it is the efforts of the Jonathan administration in this respect that has ‘put the icing on the cup cake.’ As a result of the effective strategies adopted by this 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”, he added.
He further noted that, while it was the administration of former President, Olusegun Obasanjo that entered into a Global Settlement Agreement with the Abacha family, “what the administration of President Goodluck Ebele Jonathan, GCFR has done is to ensure that government gets the best deal it can get, in the circumstance.
“To this end, this 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 there is no doubt that the Jonathan administration has, within the constraints imposed by this case, done its best to protect the interest of the country”, Adoke clarified.
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