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A United States Senator Charles Grassley has asked the United States to withhold the repatriation of $320 million Abacha loot to Nigeria citing President Muhammadu Buhari’s refusal to corporate with the US Department of Justice to finalise a second forfeiture action against a separate $100m loot as well as intending to return the money to an official who was involved in corruption with Abacha.
The Senator was referring to Nigeria’s refusal to assist the U.S. with the forfeiture action against the serving Kebbi State Governor Atiku Bagudu who was identified as official who helped late dictator Gen Sani Abacha loot the treasury of Nigeria.
He insisted that it was critical for congress to understand what steps the US government was taking before it helps to transfer “millions of dollars to Nigeria to ensure that the money is not fueling more corruption and government abuses”.
Grassley who also decried the lack of safeguards the the money will be used for what has been agreed upon, also tackled the Attorney-General Abubakar Malami and EFCC acting chairman Ibrahim Magu, saying under their guidance the Buhari administration has clamped down on anyone voicing opposition to the government.
Grassley, chairman of the US Senate on Finance, stated this in a letter he wrote to Deborah Connor, who is Chief Money Laundering and Asset Recovery Section of the Department of Justice (DOJ), US on April 1.
Recall that Bloomberg had broke the news that the U.S. government was resisting a plan by the Nigerian government to transfer over $110 million to Mr Bagudu from money stolen from Nigerian treasury by the late dictator. The United Kingdom has also joined the US in resisting a plan by the Nigerian government to give Bagudu the money.
Reacting, the Abubakar Malami, Nigeria’s Attorney General, has denied that there was any such agreement between the government and Mr Bagudu.
However despite denials by Buhari’s administration on the planned transfer of $110 million Abacha loot to Bagudu, United States court papers show that the Buhari administration signed two agreements with the governor that effectively sealed the transfer of the money to him.
While the court documents also revealed that the Buhari administration is challenging a move by the US to further question Ibrahim Bagudu, the governor’s elder brother in relation to the laundered fund, the administration is also fighting to thwart America’s effort to remove the confidential classification of the agreements, which would make available for public scrutiny as well as being presented as evidence in court.
However, the Senator in the letter, said; “In 2014, the Isle of Jersey, a British dependency seized more than $320m laundered by the corrupt former dictator of Nigeria, General Sani Abacha. After a long legal battle, the Isle of Jersey and the United States have entered into an agreement to repatriate this money back to Nigeria in the coming months.
“Yet, according to a recent Bloomberg article, the current Nigerian government is refusing to help the US Department of Justice finalise a second forfeiture action against a separate $100m in Abacha loot.
“In addition to this lack of cooperation, if Nigeria did receive the second batch of funds, it intends to return the money to an official who DOJ says was involved in corruption with Abacha.”
The senator also said the Buhari-led government also perpetrated the abuse of human rights.
“There are also serious human rights concerns. Under President Muhammadu Buhari’s government, Nigerians face violations undermining freedom of religion, freedom of speech, due process, and the rule of law.
“In late December, the US State Department labelled Nigeria a severe violator of religious freedom.
“The Buhari government’s own agencies have also abused the civil liberties of innocent Nigerian citizens. Last December’s re-arrest and detention of a US green card-holding journalist is just the latest high profile example.
“The re-arrest and detainment of New Jersey resident, Omoyele Sowore, just one day after he was released by a judicial court, is a clear testament to its glaring contempt of judicial opinion and the rule of law. Mr Sowore, an activist journalist and former political opponent of President Buhari, is still being detained, a blatant transgression of international norms.”
Mr Grassley accused the Attorney General of the Federation, Abubakar Malami, and the Chairman, Economic Financial Crimes Commission (EFCC), Ibrahim Magu, of being agents of oppression of Mr Buhari’s political opponents.
However he tasked the US Department of Justice to provide details on the following:
“Please provide a copy of the agreement between the United States, Isle of Jersey, and Nigeria
“After the money is transferred, what oversight mechanism, if any, will ensure that Nigeria is acting in good faith in accordance with the agreement facilitated by the United States and the Isle of Jersey?If none please explain why not and what steps the United States could take before transmitting the funds to ensure prosper oversight
“What enforcement mechanism exists, if any to recoup funds that are not spent in accordance with the agreement? If none please explain why not and what steps the United States could take before transmitting the funds to ensure that the agreement can be enforced.
“The funds are supposed to be earmarked for specific infrastructure projects but what safeguards if any prevent Nigeria from using the funds to pay contractors with a history of violating the Foreign Corrupt Practises Act (FCPA) or similar violations? If none, please explain why not.
“Has the Nigerian government identified the contractors to be used on the projects and if so has the United States determines whether the firms have a history of FCPA or other violations? If not please explain why not.
“Given the EFCC’s role in detaining individuals who have spoken against the Buhari government what steps has the United States government taken to consider whether sanctions would be appropriate against certain individuals such as EFCC chairman Magu and Attorney General Malami under the Global Magnitsky Act or the Frank R. Wolf International Religious Act?
“Why is the US participating in the return of some stolen Abacha loot even though Nigeria is not fully cooperating with US forfeiture of other stolen Abacha money?
“What steps are being taken to ensure that Nigerians does not return any stolen money to any of the officials who were involved with the original Abacha corruption?” he said.
However, the federal government has refused an attempt by United States lawmaker, Chuck Grassley, to block the repatriation of $320m laundered by the late military dictator, Sani Abacha.
Reacting in a statement on Wednesday by his spokesperson, Umar Gwandu, the AGF said the accusations were baseless.
Mr Malami said, “The evidence on the ground establishes that the Federal Government’s operations in the fight against corruption are carried out without fear or favour.”
Similarly, the EFCC has debunked the allegation against the acting chairman of the EFCC, Ibrahim Magu by the chairman of the US Senate Committee on Finance, Charles E. Grassley.
The Commission said it has been at the forefront of the transparent management of recovered funds and would not be dragged into any controversy over an allegation that has no fact or any iota of proof.
The commission described the allegation against Magu as malicious.
“The allegation clearly has no bearing with the operations of the EFCC nor address the painstaking efforts of Magu in tackling the menace of corruption, without fear or favour”, EFCC spokesman Tony Orilade said.
“The EFCC is involved in the processes of repatriation of the looted $300million by the former Head of State, the late Gen Sani Abacha and quite aware of the tripartite agreement involving Nigeria, the United States and Island of Jersey.
“As an anti-graft agency, the Commission has credible records of managing recovered funds and assets and it is rather unfortunate that the ranking US Senator, in a desperate bid to frustrate the repatriation of the funds, clearly embraced the well-worn antics of some unscrupulous elements in the country, who never succeeded in blackmailing the anti-corruption crusade of President Muhammadu Buhari.
“Even the harshest detractors of Mr. Magu know and always acknowledge his firm and bold handling of the anti- corruption fight which continues to earn him accolades within and outside Nigeria.”