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 Socio-Economic Rights and Accountability Project (SERAP) has filed a lawsuit against President Tinubu-led administration and the 36 state governors at the ECOWAS Community Court of Justice in Abuja.
In a statement issued by SERAP’s Deputy Director, Mr Kolawole Oluwadare, it stated that the provisions of the amended Cybercrimes Act remain vague, arbitrary, and repressive, enabling authorities to criminalize legitimate expression and restrict media freedom.
The suit challenged the alleged misuse of the Cybercrimes (Amendment) Act 2024 to suppress freedom of expression, saying it violates human rights, particularly those of activists, journalists, bloggers, and social media users.
The organisation seeks several reliefs, including a declaration that Section 24 of the Cybercrimes (Amendment) Act 2024 is unlawful and inconsistent with Nigeria’s human rights obligations; and an order directing the government to repeal or amend the legislation in compliance with international standards.
“The provisions of the Cybercrimes (Amendment) Act 2024 have opened the door to criminalising legitimate expression and punishing activists, journalists, bloggers, and social media users.
“This is a harshly punitive approach that fails to provide safeguards against misuse, particularly for the peaceful and legitimate exercise of human rights,” the SERAP statement read.
However, no date has been fixed for the hearing of the suit.
By Modupe Gbadeyanka
President Bola Tinubu on Saturday, January 11, 2025, left the shores of Nigeria for the United Arab Emirates to take part in the 2025 Abu Dhabi Sustainability Week (ADSW 2025).
He was accompanied by the Minister of Foreign Affairs, Mr Yusuf Tuggar, and other senior government officials.
A statement issued by the Special Adviser to the President on Information and Strategy, Mr Bayo Onanuga, disclosed that Mr Tinubu was invited for the event by his UAE counterpart, Mr Mohamed bin Zayed Al Nahyan.
He will attend the programme starting from today, Sunday, January 12 to Saturday, January 18, 2025.
However, President Tinubu is expected to return to Nigeria before the end of the summit on Thursday, January 16, 2025.
The event, themed The Nexus of Next; Supercharging Sustainable Progress, is expected to bring together global leaders to accelerate sustainable development and advance socioeconomic progress.
In addition, it will enable policymakers, business, and civil society leaders to explore pathways to fast-track the transformation to a sustainable economy and evolve a new era of prosperity for all.
ADSW, a testament to the power of collaboration, has been held annually for over 15 years. It provides a global platform to foster multi-stakeholder cooperation in addressing global challenges and accelerating growth.
It has birthed high-value agreements and strategic partnerships between governments, industry leaders, and clean energy pioneers worldwide, driving impactful alliances and advancing the sustainability agenda worldwide.
At the event, President Tinubu will stress his administration’s reforms, including those related to energy sufficiency, transportation, public health, and economic development.
The Nigerian leader and his entourage will also meet with the emirate’s leadership to discuss issues of interest affecting the two nations.
By Dipo Olowookere
The Speaker of the Lagos State House of Assembly, Mr Mudashiru Obasa, remains at the centre of a storm of corruption allegations that have plagued his tenure.
Critics, anti-corruption groups, and opposition leaders have accused him of financial mismanagement, extravagant spending, and abuse of office, yet no substantive action has been taken against him.
Recent reports by People’s Gazette revealed that the 40-member Lagos State House of Assembly, under Mr Obasa’s leadership, spent over N43 billion on “back-up vehicles for honourable members” between January 2023 and the third quarter of 2024.
This expenditure, part of a larger N90.5 billion disbursed for questionable projects, has raised concerns among Lagos residents about the state’s priorities amid widespread economic hardship.
Budget documents showed the Assembly spent about N30.1 billion on vehicles in 2023 and about N13.3 billion in the first three quarters of 2024. Critics argued that these sums, which equate to roughly N1.1 billion per lawmaker, were frivolous.
Mr Obasa has faced allegations of corruptions since early in his tenure, including reports of owning over 60 bank accounts used to misappropriate public funds. In 2019, People’s Gazette reported that the lawmaker conducted suspicious foreign exchange transactions totaling $2.4 million (N1.1 billion). These funds were allegedly funneled through personal accounts and mutual fund investments.
In October 2020, the Economic and Financial Crimes Commission (EFCC) invited the Speaker for questioning over allegations of fraud. Despite evidence of financial impropriety, including allegations of inflated contracts and misappropriated Assembly funds, the EFCC has yet to take decisive action. Protests led by civil society groups like the Civil Society Network Against Corruption (CISNAC) demanding accountability have yielded little progress.
Mr Obasa has consistently denied these allegations. Speaking at a recent plenary, he dismissed claims of spending N17 billion on constructing a gate as “spurious and funny.”
He also refuted allegations of spending N200 million on a nonexistent thanksgiving service, attributing the accusations to political fear-mongering ahead of the 2027 elections.
However, critics have dismissed these defenses as self-serving. A 2020 House panel, composed of Mr Obasa’s allies, cleared him of wrongdoing—a decision labeled a “kangaroo judgment” by anti-corruption advocates.
Prominent anti-corruption campaigner, Mr Olanrewaju Suraju, has urged the EFCC to act on the mounting evidence against Mr Obasa, warning that his actions undermine legislative independence and public trust.
“These revelations justify the urgent need for mechanisms to enforce probity and accountability in public office,” Mr Suraju said.
Despite the scandals, Mr Obasa appears unperturbed and untouchable, with analysts attributing his survival to political connections and an entrenched culture of impunity.
As Lagos State prepares for the 2027 elections, the Speaker’s continued tenure symbolizes a broader challenge of corruption and governance in Nigeria’s political landscape.
Observers now await further developments as pressure mounts on anti-graft agencies to act decisively.
For Lagos residents, however, the scandals highlight a troubling disconnect between political leadership and the needs of the people.
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