The attorney-general of the federation and minister of justice, Malam Abubukar Malami (SAN) has attributed the delay in the return of N218 billion loot recovered from the late former military head of state, Gen Sani Abacha, from the United States of America to suit filed by a lawyer, Godson Nnaka.
The AGF said Nnaka is demanding for a share in assets recovered from the former military ruler, valued at $458 million, in the said suit, a development that had delayed the return of the money to the country.
According to Malami, in 2013, the United States Department of Justice (USDOJ), as part of its Kleptocracy Asset Recovery Initiative, commenced a forfeiture proceeding to confiscate approximately $550 million that had been corruptly obtained by late General Abacha and his associates (termed the “Abacha Case”).
He said a portion of the Abacha loot, valued at $458 million, had now been forfeited to the United States.
“On December 17, 2015, the United States District Court for the District of Columbia entered final judgment forfeiting certain Abacha assets valued at $458 million.
“The forfeiture proceeding as to those assets is therefore concluded and the forfeited assets are ripe for repatriation to the innocent victim – Nigeria.
“However, Godson Nnaka has filed an appeal against the judgment of forfeiture, falsely claiming to be entitled to a portion of the assets as compensation for legal services allegedly rendered to Nigeria. His claim is untrue.
“The USDOJ has represented to us that the appeal is the only issue delaying repatriation of the forfeited assets to Nigeria. They have explained that the forfeited assets are not located in the United States and that only upon the disposition of the appeal would the United States then have a final judgment upon which it can seek the retrieval of the forfeited assets – which are frozen in multiple foreign jurisdictions – and return same to Nigeria,” the minister said in a statement issued in Abuja, yesterday.
Malami further explained that the forfeiture of the remaining $100 million in assets was still pending.
He said: “The forfeiture of these assets is being contested by the certain individuals, who are related to Atiku Bagudu (General Abacha’s associate) and who claim that these assets are the subject matter of a private family trust.
“In this regard, we are cooperating with the USDOJ by providing them with the documents, information, witnesses and other evidence required to secure the expeditious forfeiture of this portion of the Abacha loot.”
The AGF described as spurious the allegation by Nnaka that he (Malami) had asked for a kickback, saying the claim was sheer blackmail.
He said Nnaka failed to appreciate and abide by the laws in the jurisdiction where he practises law.
“He fails to understand that even though the Abacha loot had been forfeited to the United States, there are additional provisions of United States law wherein victims of looted funds, like Nigeria, can have the looted funds returned to them.
“The Office of the AGF never negotiated any terms with Nnaka or his counsel. The only communication with Nnaka was only out of professional courtesy. He was advised to follow due process in requesting instructions as the outside counsel retained by Nigeria in this case did.
“He was advised to submit his proposal to Presidential Advisory Committee on Corruption, the Office of the Solicitor General, the Department of State Services, and that based on evaluation and recommendation from the above bodies, the Office of the Attorney General would consider his request,” Malami added.