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$500m Abacha Loot: US Refuses to Deal with Malami’s Lawyers

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Abacha Loot

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

Dipo Olowookere is a journalist based in Nigeria that has passion for reporting business news stories. At his leisure time, he watches football and supports 3SC of Ibadan. Mr Olowookere can be reached via [email protected]

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Tinubu Orders Security Chiefs to Move to Maiduguri After Bombings

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tinubu security chiefs

By Modupe Gbadeyanka

The security chiefs have been directed by President Bola Tinubu to relocate to Maiduguri, Borno State, after suicide bombers unleashed terror on residents on Monday evening.

There were multiple attacks in the Borno State capital yesterday, as confirmed by the police command in the state.

In a statement on Tuesday, President Tinubu commiserated “with the Borno people over recent terror strikes,” describing the incidents as “profoundly upsetting.”

“I have directed security chiefs to move to Maiduguri to take charge of the situation. I have also directed the emergency agencies to provide proper care for the injured,” he was quoted as saying in the statement issued by his Special Adviser on Information and Strategy, Mr Bayo Onanuga.

Mr Tinubu mourned the fatal victims of the attacks and sympathised with the injured, stressing that “these acts of terror are the final desperate and frantic attempts by criminals and terrorist elements trying to instil and spread fear, as they are under constant pressure from our brave armed forces and security agencies operating in various theatres.”

 “We will continue to intensify our efforts against all criminal elements, wherever they may be,” the President assured.

“The Monday attacks were desperate acts of the evil-minded terrorist groups. Our gallant military and civilian task forces will curtail and put them down.

“Just last weekend, during a security meeting with leaders of security and intelligence agencies, I approved additional equipment and operational support to enhance their capabilities. This effort is already in progress.

“There is no place in Nigeria where terrorists will find safety. We will locate them, confront them, and completely defeat them,” he stated.

President Tinubu praised the troops for their “courage and fighting spirit.”

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Concerns as Market, Hospital Bomb Attacks Kill 23, Injure 108 in Maiduguri

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By Adedapo Adesanya

The Nigeria Police Force in Borno State has confirmed that 23 persons were killed and 108 others injured following multiple explosions that rocked Maiduguri on Monday evening, in what authorities described as coordinated suicide attacks.

The incidents, which occurred at about 7:24 p.m., targeted crowded and strategic locations within the metropolis, including the Maiduguri Monday Market, the gate of the University of Maiduguri Teaching Hospital, and the Post Office Flyover, Maiduguri.

In a statement issued by the Police Public Relations Officer, ASP Nahum Kenneth Daso, preliminary investigations revealed that the explosions were carried out by suspected suicide bombers using improvised explosive devices (IEDs).

The coordinated nature of the attacks, which struck nearly simultaneously across different parts of the city, has raised fresh concerns about evolving tactics by insurgent groups seeking to undermine ongoing counter-terrorism efforts in the North-East.

Security analysts noted that the choice of targets: a major market, a hospital vicinity, and a busy flyover, suggests an intent to maximise casualties, spread fear, and disrupt socio-economic activities in the state capital.

In response, a combined team of Police Tactical Units, military personnel and other joint security operatives were immediately deployed to the affected areas.

The scenes were swiftly secured and cordoned off, while the Explosive Ordnance Disposal (EOD) Unit conducted detailed sweep operations to rule out the presence of additional explosive devices.

The Governor of the state, Mr Babagana Zulum, in a statement, said the explosions had ​claimed victims and injured others, without elaborating or saying who was responsible.

“The act ​is utterly condemnable, barbaric, and inhumane,” said Mr Zulum.

The Commissioner of Police, CP Naziru Abdulmajid, led a high-level assessment visit to the affected locations, where he commiserated with victims and their families.

He assured residents of the command’s unwavering commitment to safeguarding lives and property, noting that enhanced security measures had been activated across the state.

Emergency responders, including the National Emergency Management Agency (NEMA) and the Borno State Emergency Management Agency, worked in coordination with medical teams to evacuate victims to hospitals, where they are currently receiving treatment.

Boko Haram and Islamic State West Africa Province (ISWAP) have ⁠carried ​out several attacks against army bases across Borno ​this month, killing several troops and seizing weapons.

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Women Need to Own Their Stories, Collaborate—Ayo Mario-Ese

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UBA Business Series Ayo Mario-Ese

By Modupe Gbadeyanka

Celebrated broadcaster with Arise TV, Mrs Ayo Mario-Ese, has charged women to be open to collaboration and not limit themselves.

The charming media personality was one of the panellists at the UBA Business Series themed Introducing Gen W – The Evolved Woman, held at the UBA House in Lagos last Thursday.

At the event moderated by popular actor, Mr Tobi Bakre, the Morning Show anchor on Arise TV expressed worry about females who are usually laidback about speaking up and sharing their achievements, and said that women need to own their stories.

“A lot of women are doing phenomenal work and are sometimes afraid of showcasing what they are doing. As an evolved woman, you have to find out what you are comfortable doing, create your own unique offering, and also be open to collaboration,” she submitted.

Another panellist, Ms Joycee Awosika, described an evolved woman as one who has awareness of who she is.

“That woman does not need to ask to sit at the table; she is creating her own table and adding value. As your company is growing, you must grow too, and always do an audit of where you need to become a better leader,” the energy economist stated.

For a digital entrepreneur, Ms Tomike Adeoye, the question of what a woman is bringing to the table has now become obsolete, as the evolved woman is now bringing their own table.

“She is now more vocal about their struggles, setting the standards, and she is not ready to give up on her dreams,” she declared.

For the founder of Fine-Funky, Ms Olufunke Davies, she remarked that, “Creating unique designs that are affordable remains my driving force and something that has helped me grow as an evolved woman.”

In her remarks, the Group Head for Brand, Marketing and Corporate Communications at UBA, Ms Alero Ladipo, said, “Raising each woman is actually not that hard, because everyone has their community as well as their story; and so as women, we need to take a position so that we can give to others.”

She said the Gen W platform of the lender is dedicated to the evolved woman, adding, “Through expert insights, real stories, and practical resources, the platform connects women who are building brands, creating businesses, growing careers, and leading across industries. They also have access to a plethora of discounted products and loans. The best part: it is open to every woman. No UBA account needed. This is Gen W, for the evolved woman.”

This edition of the UBA Business Series was hosted to mark International Women’s Month.

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