• Malami: Fund will be used to complete second Niger Bridge
• Delta govt: Money does not belong to Federal Government
• Sagay: Money must be returned to Delta State
• British High Commissioner: Ill-gotten money not welcome in UK
• CISLAC, lawyers want money spent on victims of looted funds
• Femi Falana (SAN) — recovered funds ought to be handed over to the people of Delta State.
• Delta State Govt, Delta Elders Challenge Fg Over £4.2m Repatriated Funds from UK
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| Chief James Ibori |
The British Government’s resolve yesterday to return to Nigeria £4.2million (about N2.2 billion) funds recovered from friends and family members of the former governor has stirred up debate pitting the Federal Government against the Delta State government.
The Attorney General and Minister of Justice, Abubakar Malami yesterday, disclosed that the Federal Executive Council (FEC) has directed that the £4.2million returned loot be deployed to complete the second Niger Bridge among other projects.
The British High Commissioner to Nigeria, Ms. Catriona Laing, said this was the first tranche of such a planned refund. She noted that the Ibori case is complicated and the United Kingdom authorities were still working on the total and actual amount involved in the case.
Malami, who disclosed this during the signing of a Memorandum of Understanding (MOU) between the British and Nigerian Governments, added that the money would also impact significantly on the Lagos-Ibadan and the Abuja-Kano expressway projects.
His words: “In consonance with existing framework engaged in the management of previous recoveries, the Federal Executive Council has directed that the instant repatriated funds should be deployed towards the completion of the Second Niger Bridge, Abuja-Kano expressway and the Lagos-Ibadan expressway under the coordination of the Nigeria Social Investment Authority (NSIA).”
Malami recalled that the Nigerian government had all along provided the required mutual assistance and back up to the British authorities while the prosecution of James Ibori lasted in London.
“I am confident that both the Nigerian and British governments remain committed to all affirmative actions to combat corruption/illicit financial flows, ensure that looters do not find comfort or safe haven in our territories, and also to guarantee that the forfeited or recovered proceeds of corruption are deployed to the benefit of the masses,” he said.
Similarly, the British High Commissioner said the agreement further demonstrated that money obtained through criminality or corruption is not welcome in the UK.
“The return of these assets to Nigeria has been subject to a number of hard-fought legal challenges by third parties, which were defeated in the UK courts. We will ensure the full weight of law enforcement to crack down on those who use, move, or hide their proceed of crime in the UK.
The High Commissioner added that all things being equal the £4.2 million would be made available to Nigeria “in the next couple of days”.
In February 2012, Ibori pleaded guilty in a UK court to money laundering, conspiracy to defraud, and forgery and was sentenced to 13 years in prison. Some of his associates and family members also received sentences for similar offences.
Reacting, the Commissioner for Information in Delta State, Charles Aniagwu, described the plan by the Federal Government to appropriate the recovered fund as the height of wickedness. “Why should Delta State money be used in building Lagos-Ibadan Expressway or Abuja-Kano rail? Is the Federal Government saying it doesn’t know the origin of the money? The money belongs to Delta State. We would have understood if the Federal Government had said it wants to receive 20 per cent, but to take all the money is wrong.”
Also, Chief Press Secretary Governor Ifeanyi Okowa, Mr. Olise Ifeajika, said the N2.2 billion to be refunded by UK government belongs to Delta State, and so it should be transferred to the state as soon as possible. “We want the money, it is for the state, Ibori was never a Federal Minister, but the governor of Delta State”.
According to the governor’s spokesman, Federal Government has no business handling the money or spending it for any projects whatsoever without consulting the state, because the money is for the state. Even, the project they are talking about is not in Delta.
The Chairman, Presidential Advisory Committee Against Corruption (PACAC), Prof. Itse Sagay, reechoed the state government’s call. He told The Guardian yesterday: “The money is Delta State money and must be returned to Delta State. Federal Government cannot appropriate it for any reason whatsoever. Delta State should officially demand it, failing which the court can be activated for a judicial pronouncement in that regard.”
Ibori, who ruled Delta State from 1999 to 2007, was convicted by a UK court in 2012 and was sentenced to 13 years in jail after admitting fraud of nearly £50 million, even though prosecutors say the actual amount stolen was about £250 million. He was released in 2016 after serving a fraction of his term.
It would be recalled that on December 9, 2016, when Ibori was released from UK prison, there was widespread jubilation in his Oghara village.
Also in 2016, it was reported that the Delta State Government would not receive any money once the UK repatriates the funds due to the refusal of the state government to cooperate with the Economic and Financial Crimes Commission (EFCC) during Ibori’s trial, thereby permanently forfeiting $15 million of the Ibori loot to the Federal Government.
While giving his ruling on the case of the EFCC vs the Delta State Government regarding the ownership of the $15 million, which Ibori allegedly wanted to use in bribing a former Chairman of the EFCC, Nuhu Ribadu, Justice Gabriel Kolawole, had accused the state government of protecting Ibori. The judge ruled that money recovered from Ibori must be paid into the Federation Account and not the Delta State coffers.
But the Civil Society Legislative Advocacy Centre (CISLAC), a non-governmental advocacy body, while commending the return of the £4.2 million to the country, said “the funds should be utilized to compensate victims of corruption in Delta State from whom it was stolen.
“By signing up to Global Forum on Asset Recovery (GFAR) as parts of efforts to fight corruption, the Federal Government committed to responsible asset return and citizens of Delta are clearly the victims here.”
Human rights lawyer, Mr. Femi Falana (SAN), noted that the recovered funds ought to be handed over to the people of Delta State.
Delta State-based lawyer, Chief Albert Akpomudje SAN, said: “It is unfair. Unless the source of funds has to do with the Federal Government they cannot do what they want with it. Therefore, the right thing to be done was to send the money to be used to develop the state. To now spread it like largesse for everybody as if it is federal money is not fair at all.
“I think that it is a matter that the Attorney General of the state can pursue in court. I don’t expect them to allow it to lie low. They should challenge it in court. You can only distribute funds that you can claim ownership of. Delta should own the money. It is as simple as that. They have already decided how to distribute the funds without considering the state from where the money was taken.”
Also, a constitutional lawyer and author, Chief Sebastine Hon (SAN), said: “The issue is that Nigeria practices federalism. The truth of the matter is that the money belongs to Delta State and should be given to them. The only responsibility of the government is to relate with the UK government in respect of the fund’s transfer because it was an intercontinental matter. Aside from that, the money belongs to Delta.
“Ordinarily, it would have been a negotiation between Delta State Government and the UK government. There is no record or evidence that the Federal Government loaned money to Ibori and he (Ibori) was never a president. Therefore, it is illegal for the Federal Government to appropriate the funds recovered from a former governor of a federating state.”
HOWEVER, a Lagos-based lawyer, Emeka Okpoko (SAN), said: “This case presents a bit of a complex and complicated situation. A bit complex in the sense that Delta State denied that they were never looking for their money. It is an issue that if they go to court, they would confront from different angles.
“The fact is that they denied and the denial was done at the point of prosecution. But what is fundamental is the origin or the source of the money. Where did the money come from? Even if they denied it, can they not say that at that material time, they were not looking for their money, but on a further investigation and interrogation of their account they now discovered that their money is missing? Can somebody whom it can easily be established that the money never came from, suddenly become the owner of the money?
“Ibori has no connection with the Federal Government as at that time. So, that money couldn’t have come from the Federal Government source. So, if the court is convinced that the origin is from Delta, why would the money not go to Delta? And if the money belongs to Delta, the Federal Government has no reason and cannot competently appropriate it.”
Critics are also questioning why the fresh fund is being ploughed into the same projects that previous recovered funds had been allocated to. In May 2020, the Federal Government on receipt of $311 million Sani Abacha loots from the United States said the money would go to completing infrastructure projects in the country.
And according to the presidential spokesperson, Garba Shehu, the second Niger Bridge, Lagos-Ibadan, and Abuja-Kaduna-Kano expressways were listed alongside Mambilla Power Project as projects the recovered money would be spent on.
MEANWHILE, the Oghara Development Union, (ODU) Lagos branch, has called on the Federal Government to insist that every single penny that has been forfeited by Ibori’s associates in the London trial be returned to Nigeria. The union said in a statement signed by its General Secretary, Sunday Agbofodoh.
“We call on Nigeria to insist that the full worth of the three buildings seized through a court order be repatriated to Nigeria. We followed the case diligently and know that the sum the women forfeited was £6.2 million and not £4.2 million. The entire sum should be returned to Nigeria. Nigeria should also demand the interest on the £6.2 million since 2012 because the money would not have sat idly in the bank without attracting interest.”
Delta State Govt, Delta Elders Challenge Fg Over £4.2m Repatriated Funds from UK
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| Chief Edwin Clarke (Left) And other Delta Elders |
The Delta State government in Nigeria on Tuesday faulted the decision of the federal government to spend the £4.2 million forfeited by associates of a former governor of the state, Chief James Ibori, on the completion of the Second Niger Bridge, Abuja-Kano Expressway and the Lagos-Ibadan Expressway under the coordination of the Nigeria Social Investment Authority (NSIA).
Delta Elders’ Forum (DEF), led by a former Minister of Information, Chief Edwin Clark, also opposed the plan of the federal government to use the funds to complete roads in other states when federal roads in the state are in deplorable condition.
The forum also found as unacceptable the argument of the Attorney-General of the Federation and Minister of Justice, Mr. Abubakar Malami, that the federal government is appropriating the funds because the offenders committed a federal offence, contending that in the similar case of forfeiture by former governor of Bayelsa State, Chief Dieprieye Alamieyeseigha, the repatriated funds went to the state.
Ibori, in 2012, had pleaded guilty to money laundering and other charges in a UK court and was consequently sentenced to 13 years imprisonment.
Some of his associates were also convicted and sentenced to prison over similar charges.
The United Kingdom is now set to return the £4.2 million recovered from associates of Ibori to Nigeria.
The UK and Nigeria on Tuesday signed a Memorandum of Understanding (MoU) in Abuja to kick-start the process.
Malami, who signed on behalf of the federal government, said in consonance with existing framework engaged in the management of previous recoveries, the Federal Executive Council had directed that the repatriated funds should be spent on completing the Second Niger Bridge, Abuja-Kano Expressway and the Lagos-Ibadan Expressway under the coordination of the NSIA.
But speaking Tuesday night on ARISE NEWS Channel, the Delta State Commissioner for Information, Mr. Charles Aniagwu, kicked against the federal government’s decision.
He stated that roads in Delta State were also in deplorable condition, adding that the federal government should know that the roads also needed attention.
“Federal roads in Delta State are bad. Benin-Warri road has collapsed. Sapele-Agbor road is a federal road and it has been abandoned. The federal government can use the money to rehabilitate the Sapele-Agbor road,” he said.
Clark served notice that his group would challenge the federal government’s decision in court as the money belongs to Delta State.
“We see it as a sign of deliberate oppression and provocation of our people. Perhaps, they are tired of Niger Delta. If that is the situation, let them go on since what they want is a problem in the Niger Delta. We cannot be taken for granted in our country.
“As I earlier said, we are ready to go to court on this money. It belongs to Delta and should be used in Delta State and we will not allow this oppression to continue,” he added.
However, at the signing of the MoU yesterday, Malami described the event as “another major milestone in our determined quest as a nation to attain full recovery of all looted assets, prevent abuse of recovered assets and also to ensure optimal utilisation of such recovered assets for the benefit of our deserving citizens.”
He stated that Nigeria provided the required mutual assistance and backup to the British authorities while the prosecution of Ibori lasted in London.
“I cannot but observe that what we are witnessing today is a glaring manifestation of the age-long national ties between the Federal Republic of Nigeria and the United Kingdom.
“I am confident that both the Nigerian and British governments remain committed to all affirmative actions to combat corruption/illicit financial flows, ensure that looters do not find comfort or save haven in our territories and also to guarantee that the forfeited or recovered proceeds of corruption are deployed to the benefit of the masses,” he said.
The AGF stated that in consonance with the framework engaged in the management of previous recoveries, the Federal Executive Council directed that the instant repatriated funds should be deployed towards the completion of the Second Niger Bridge, Abuja–Kano Expressway and the Lagos – Ibadan Expressway under the coordination of the Nigeria Social Investment Authority (NSIA).
The decision, he added, is to ensure the integrity of the process, while a reputable civil society organisation has been engaged to monitor the expenditure of the recovered funds on the execution of the critical projects, which are evenly spread across the country.
He commended the sincerity of purpose of the British government even as he noted that Nigeria looks forward to similar assistance and cooperation in bringing to book all other persons and entities who at the moment are inequitably exploiting the system in the UK to shield themselves from justice.
The British High Commissioner, Ms. Catriona Laing, in her remarks, stated that the signing of the agreement, apart from showing the two countries’ determination to lead the way in a coordinated global effort to bring corrupt individuals to justice sent a clear message to Nigerians that the former governor had been held to account.
Laing said the agreement further demonstrated that money obtained through criminality or corruption is not welcome in the UK, adding that the UK will ensure that the full weight of the law enforcement to crack down upon those who look to use, move or hide their proceeds of crime in the UK.
“It is vitally important that this agreement makes strong provision for transparency, monitoring and accountability. It is a guiding principle of both the UK and Nigerian governments that stolen assets should be used for projects that benefit Nigeria’s poor,” she said.
According to her, the £4.2 million would be made available to Nigeria “in the next couple of days.”
Earlier, the Solicitor-General of the Federation and Permanent Secretary, Ministry of Justice, Mr. Dayo Apata (SAN), had said the ministry, in fighting corruption, had formulated National Strategies and Action Plans; Pursuit of Recovery of Looted Funds; and Assets and Issuance of Assets Tracing, Recovery and Management Regulations.
He listed other actions to include the setting up of Inter-ministerial Presidential Committee on the Disposal of Forfeited Assets; Central Database for Recovered Assets; drafting of bills to stifle corrupt practices; implementation of Whistle Blower Policy and the issuance of Executive Orders Six, Eight and Ten.
Meanwhile, the Oghara Development Union, (ODU) Lagos Branch, has called on the federal government to ensure the return to Nigeria of all the funds recovered from Ibori’s associates in the London trial.
The union said in a statement yesterday by the General-Secretary, Mr. Sunday Agbofodoh, that it stood with Ibori in maintaining his innocence, “and so without conceding that Ibori was guilty as charged, and specifying that the forfeited houses were not bought with illicit funds, we nevertheless call on Nigeria to insist that the full worth of the three buildings seized through a court order, be repatriated to Nigeria.”
Reacting to plans to return the £4.2 million forfeited by three female associates of Ibori in the London case, the union said as the United Kingdom claimed to be acting without ulterior motives on Nigeria’s behalf, that all the monies forfeited should be returned to Nigeria.
The union said it had followed the case diligently and was aware that the sum the women forfeited was £6.2 million and not £4.2 million.
It said Nigeria should oppose UK’s hypocrisy and insist that the entire sum be returned to Nigeria or UK would have been engaged in witch-hunting Ibori for profit, by withholding £2 million.
The union also urged Nigeria to demand the interest on the £6.2 million since 2012 because the money would not have sat idly in the bank without attracting interest.
The union said that all assets linked to Ibori were purchased using funds lawfully and properly obtained, adding that some were bought before Ibori became governor.
It stated that Ibori’s businesses and the monies that accrued to them were not hidden from the London and Nigerian “persecutors”.
According to the union, the London police filed in court a paper which showed that one of Ibori’s companies, MER Engineering, was earning over $7 million annually.
“The forfeited London house linked to the first lady of Delta State when Ibori was governor, the Hampstead property, is owned by a family trust. The property was purchased by the company, MER Engineering, which shareholding was held by his family trust. MER had obtained a facility loan from NNB, a Nigerian bank. The value of this property at the time of its purchase was £2.1 million, which was covered by the NNB facility of well over £3 million meant for working capital and financing of assets,” the union said.
It described Udoamaka as a successful businesswoman as can be seen from the facility letter dated 19 December 2005 from a bank in favour of her company, Sagicon Nig, Ltd for N121 million (£1.5 million).
“The third property, very modest, belonged to Ibori’s sister, a UK resident, which she purchased for £140, 000. Her husband is a former federal permanent secretary,” the union added.
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