General
$500m Abacha Loot: US Refuses to Deal with Malami’s Lawyers
By Dipo Olowookere
The United States government has maintained that it would not have anything to do with lawyers of Nigeria’s Attorney-General of the Federation (AGF), Mr Abubakar Malami, in the repatriation of the $500 million Abacha loot.
Instead, the US government, through its Department of Justice, said it would only do business directly with the Nigerian government.
In an exclusive report by The Cable, it was disclosed that President Muhammadu Buhari was told point blank during his visit to the US that no party would be listened to in the restitution of the funds.
Mr Malami had attempted to engage private lawyers who were going to take a cut as “legal fees” — even though they did not play any role in the recovery of the stolen funds traced to the former military head of state, Sani Abacha, who ruled Nigeria from 1993 to 1998.
The recoveries were made in 2014 under President Goodluck Jonathan and domiciled with the US government — and all the lawyers involved had been paid 4% of the funds as their fees.
The funds were to be returned to Nigeria on the condition that the federal government would sign an MoU to avoid the mismanagement associated with recoveries under President Olusegun Obasanjo.
Like Switzerland, Like America
In 2016, however, Mr Malami went ahead to appoint two Nigerian lawyers again — in a pattern very similar to the $321 million Abacha Loot recovered from Luxembourg also in 2014 for which the lawyers he hurriedly engaged were to be paid almost $17 million for doing nothing.
In the Switzerland case, Mr Malami appointed Oladipo Okpeseyi, a senior advocate, and Temitope Isaac Adebayo, in 2016 apparently to replicate the job already done.
Incidentally, Okpeseyi and Adebayo were lawyers to the Congress for Progressive Change (CPC), the APC legacy party of which Malami was the legal adviser.
He also proposed to use the same lawyers in the US case, but TheCable understands that the department of justice has consistently refused to entertain them, thereby stalling the return of the money to Nigeria.
America has now promised to return the $500 million but without the involvement of the appointed intermediaries.
The Nigerian government has also undertaken to spend the money on social protection programmes.
According to documents seen by TheCable, the DoJ initiated a legal action in November 2013 on the request of then attorney-general, Mohammed Bello Adoke, to confiscate assets worth $500 million traced to the Abacha family in France, Jersey and the UK.
Although the funds were not in the US, they fell foul of America’s money laundering laws having passed through the country in one form or the other.
Following a civil forfeiture complaint, the DoJ froze $280 million of Abacha Loot in Jersey, $140 million in France and $40 million in England.
Under US rules, any claimants to the asset were required to file a claim no later than 35 days after direct notice was sent to them or 60 days after the publication of notice.
The Forfeiture
Neither Mohammed Abacha, son of the late dictator, nor his companies filed any such complaint within the period until it expired.
Mr Adoke had instituted a criminal case against the Abachas in Nigeria which eventually forced the family to enter into a settlement with the federal government to return the looted funds.
On June 2, 2014, the DoJ requested the US district court for the District of Columbia to enter into a default judgment against the Abachas in the suit, United States of America v. All Assets Held in Account Number 80020796 in the Name of Doraville Properties Corporation at Deutsche Bank International Limited in Jersey, Channel Islands and All Interest, Benefits of Assets Traceable Thereto.
However, some lawyers appeared on the scene claiming to have been engaged by Nigeria to handle the recovery of the funds.
They showed a letter of authority signed by Akin Olujinmi, Nigeria’s attorney-general between 2003 and 2005 — even though the Nigerian government had engaged Enrico Monfrini, a Swiss lawyer, to do the same job in 1999.
The lawyers — Jude Chukwuma Ezeala, Kenneth A. Nnaka, Godson Nnaka and Charles Lion Agwumezie — were also said not to have done anything in 10 years since Olujinmi authorised them.
Their involvement was opposed by Adoke, who wrote a letter dated May 26, 2014 to the Asset Forfeiture Money Laundering Section, Criminal Division, U.S. Department of Justice, to state that the lawyers were not authorised.
Thereafter, specifically on June 27, 2014, the DoJ requested that US district court for the District of Columbia to strike out the complaint filed by the four lawyers.
As a result, the DoJ got a motion in the US district court for DC on July 3, 2014 — finally allowing for the recovery of the funds.
In all, well over $1 billion was traced to Abacha in the UK, Luxembourg and Liechtenstein as at 2012 when Jonathan was president.
Returned With Interest
The $321 million recovered from Luxembourg in 2014 under President Goodluck Jonathan was domiciled with the attorney-general of Switzerland pending the signing of an MoU to avoid the mismanagement associated with previous recoveries.
Pio Wennubst, assistant director-general and head, Global Cooperation Department, Swiss Agency for Development and Cooperation, told NAN recently that the money was returned to Nigeria with a $1.5 million interest, bringing it to a total of $322.5 million.
TheCable reported Malami’s attempt to pay lawyers for the deal, prompting a parliamentary inquiry.
The house of representatives has set up a probe panel to investigate the suspected sleaze.
The recovery was done by Enrico Monfrini, a Swiss lawyer, who vehemently denied syndicated media articles that he was asking for another 20% of the recovered funds for the final leg of the restitution to Nigeria.
In an email to TheCable, however, Monfrini had explained that there is no truth in the allegation.
“I never had the audacity to claim for additional fees. This figure of 20% is simply invented. I didn’t reject any proposal made by Mr Malami since my fees were already paid a long time before Mr Malami’s appointment as attorney general,” he said, adding that “any allegations against that would just be a lie.”
“The repatriation of the $321 million was not completed by me. It’s a matter which is normally dealt between governments and which doesn’t entail the engagement of lawyers.”
Malami does not respond to calls or text messages from TheCable.
Source: The Cable
By Adedapo Adesanya
The Department of State Services (DSS) has arraigned the former Attorney General of the Federation (AGF) and Minister of Justice, Mr Abubakar Malami, and his son, Mr Abudlazizz Malami, on a five-count charge of abetting terrorism financing and illegal possession of firearms.
They were arraigned before Justice Joyce Abdulmalik of the Federal High Court in Abuja, where they pleaded not guilty to the charges.
In the charge, the former AGF was accused of knowingly abetting terrorism financing by refusing to prosecute terrorism financiers whose case files were brought to his office as the AGF in the last administration for prosecution.
Recall that the secret police had arrested Mr Malami, shortly after his release from Kuje prison in Abuja more than two weeks ago after Justice Emeka Nwite of the Federal High Court in Abuja granted him and two others bail in the sum of N500 million in another case involving the Economic and Financial Crimes Commission (EFCC).
Mr Malami and his son are also accused by the DSS of engaging in conduct in preparation to commit act of terrorism by having in their possession and without licence, a Sturm Magnum 17-0101 firearm, 16 Redstar AAA 5’20 live rounds of Cartridges and 27 expended Redstar AAA 5’20 Cartridges.
His arrest in January followed weeks of reports of surveillance by the secret police in front of the prison facility since the time Mr Malami, his wife and son were remanded there over the money laundering charges.
As per reports, Mr Malami had gathered that he would be picked up upon regaining his temporary freedom and so decided to wait out the DSS. However, after his eventual emergence, the operatives took the ex-AGF into detention again.
By Adedapo Adesanya
The Lagos State Waterways Authority (LASWA) has initiated an inter-agency partnership with the Centre for Rural Development (CERUD) to establish the Coastal Community First Responder Programme (CCFRP).
The first responder programme is aimed at promoting safe and secure transportation across Lagos waterways.
The initiative was unveiled during a meeting between a LASWA delegation and officials of the Ministry of Local Government, Chieftaincy Affairs and Rural Development at the secretariat in Alausa.
Leading the LASWA team, Mr Olademeji Shittu said the programme is designed to reduce fatalities and material losses on Lagos waterways, particularly in hard-to-reach coastal communities.
According to Mr Shittu, the CCFRP will focus on empowering community volunteers through targeted capacity building for sustainable rural development, while also equipping them with relevant skills that can enhance employability within the maritime sector.
He noted that trained volunteers will serve as community-based first responders, working in close collaboration with LASWA to strengthen search and rescue operations.
Providing the rationale for the programme, Mr Shittu highlighted the recurring cases of marine incidents and fatalities on Lagos waterways, often worsened by delayed emergency response in remote coastal areas.
He explained that residents of these communities are usually the first on the scene during accidents, making it necessary to formalise their role through structured training and partnerships.
He added that the collaboration with CERUD will help create a sustainable framework that aligns community development with safety and emergency response, while fostering a sense of ownership and responsibility among coastal residents.
According to a statement, the Coastal Community First Responder Programme is expected to enhance emergency preparedness on Lagos waterways, improve response times during marine incidents, and contribute to safer water transportation across the state.
By Adedapo Adesanya
The Nigeria Labour Congress (NLC) and the Trade Union Congress (TUC) have suspended their planned protest in the Federal Capital Territory and instructed workers under the Federal Capital Territory Administration (FCTA) to return to their duties with immediate effect.
The directive followed an overnight engagement involving labour leaders, the Minister of the FCT, Mr Nyesom Wike, and members of the Senate Committee on the FCT.
The meeting, which began late on Monday, stretched into the early hours of Tuesday, culminating in an agreement that led to the unions’ decision to halt the protest action and restore normal activities across FCTA offices.
This comes after Justice Emmanuel Subilim of the National Industrial Court issued an interim order restraining the NLC, TUC, and three others from embarking on any form of industrial action or protest.
Ruling on an ex-parte application filed by the Minister of the FCT and the FCT Administration, Justice Subilim granted an interim order restraining the 1st to 5th respondents and their privies or agents from embarking on strike pending the hearing of the motion on notice, also ordering the 5th-9th defendants who are security agencies to ensure no break down of law and order.
The ex-parte motion, which was filed by the counsel to Mr Wike and the FCTA, Ogwu Onoja, submitted that the Chairman of the FCT council had sent a message of mobilization to members and affiliated unions for a mass protest scheduled for February 3.
This move, he noted, was in violation of the orders of court, adding that after the ruling of the court on January 27, the order of the court was served on the defendants, same day the NLC and TUC issued a statement to all affiliated unions to intensify and sustain the strike.
The statement jointly signed by both unions directed that the striking workers should resume the strike as the unions’ counsel, Mr Femi Falana, has filed an appeal against the interlocutory ruling.
He further pointed out that With the statement, JUAC issued a circular directing all employees to continue the strike.
This position they say is aimed at causing break down of law and order in the Nations capital.
The court subsequently adjourned the case until February 10 for hearing.
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