A civil society group, Socio-Economic Rights and Accountability Project
(SERAP) has sent an open letter to the US President Donald J. Trump urging
his “Administration to attach and release to Nigeria some $500 million
worth of US-based proceeds of corruption traced to former Nigerian
dictator General Sani Abacha.”
The organization said that, “these proceeds are separate from the $480
million of Abacha-origin funds that have been forfeited to the US under an
August 2014 US federal district court order. SERAP’s request is fully
consistent with the UN Convention Against Corruption, which both the US
and Nigeria have ratified.”
SERAP in the letter dated 3 February 2017 and signed by the organization’s
US Volunteer Counsel Professor Alexander W. Sierck and executive director
Adetokunbo Mumuni, told Mr Trump that, “the US Department of Justice must
promptly initiate civil asset forfeiture proceedings against these
proceeds so as to fulfill several non-controversial commitments by the US
to assist Nigeria in recovering assets looted by former Nigerian
government officials.”
The letter, a copy of which was sent to the US ambassador to Nigeria
Stuart Symington, and US Secretary of State Rex Tillerson, reads in part:
“SERAP urges your new Administration to initiate discussions with the
Nigerian government to fulfill these objectives within an agreed framework
and timeline. Simultaneously, the Administration should instruct the
Justice Department to initiate civil asset forfeiture proceedings in
regard to the above-referenced $500 million in assets described above.”
“Any bilateral discussions between the US and Nigeria concerning these
assets should include clear acknowledgement of the significant role that
civil society plays in asset recovery matters.”
“To that end, the respective governments ought to commit to promptly
sharing information with relevant civil society organizations on stolen
assets of Nigerian origin located in the US or otherwise subject to US
jurisdiction. This proposed commitment is similar to one between the US
and Kenya as well as consistent with Articles 46(4) and 56 of the UN
Convention Against Corruption.”
“SERAP notes that Article 51 of the UN Convention against Corruption
provides for the return of “corrupt” assets to countries of origin as a
fundamental principle. Article 43 provides likewise. Similarly, under
Articles 47(3)(a) and (b) states parties have an obligation to return
forfeited or confiscated assets in cases of public corruption, as here, or
when the requesting party reasonably establishes either prior ownership or
damages to the states.”
“In SERAP’s judgment, some or all of these requirements have been met with
respect to the $500 million in proceeds described above. A resolution
adopted by the Conference of States Parties to the UN Convention Against
Corruption in Panama in November 2013 reaffirms this obligation, by
requiring state to make “every effort” to return such proceeds. to the
victim state.”
“Nigeria’s Presidential Advisory Committee Against Corruption has recently
informed SERAP that the US Government has identified another $500 million
or so proceeds of Nigerian corruption subject to US jurisdiction.”
It would be recalled that last month the Chairman of the Presidential
Advisory Committee Against Corruption, Professor Itse Sagay had raised the
alarm that Nigeria risked losing another $550m recovered from the Abacha
family to the government of United States.
Sagay said that the amount represented a separate tranche from the earlier
$480m forfeited to the US following a court judgment. According to him,
“Nigeria presently stands to lose another $550m recovered from the Abacha
family to the US, contrary to the earlier promise by the US to return same
to Nigeria.”