Federal Government to “disclose within 7 days of the receipt and/or
publication of our Freedom of Information requests the exact amount of
public funds stolen by a former military head of state, Sani Abacha and
details of spending of about $5 billion recovered loot since the return
of democracy in 1999.”
SERAP is also asking the Federal Government to “disclose details of
projects executed with the Abacha loot and their locations, details of
companies and contractors involved in the execution of any such
projects, details of all the agreements on the loot, the roles played by
the World Bank and other actors, as well as the implementation status of
all projects since 1999.”
In two Freedom of Information requests sent to Mrs Zainab Ahmed,
Minister of Finance, Budget and National Planning and Mr Abukabar
Malami, SAN, Attorney General of the Federation and Minister of Justice,
SERAP said: “We are concerned that substantial part of the estimated $5
billion returned Abacha loot since 1999 may have been diverted,
re-stolen or mismanaged, and in any case remain unaccounted for.”
In the FoI requests dated 14 February 2020 and signed by SERAP deputy
director Kolawole Oluwadare, the organization said: “Publishing the
details of projects on which Abacha loot has been spent would allow the
public to know the specific projects carried and the areas of the
country in which the projects have been implemented as well as the
officials that may be responsible for any alleged diversion or
mismanagement of the loot.”
According to SERAP: “Getting to the root of the exact amount of the
Abacha loot and how the returned funds have been spent is important for
the success of the government’s fight against grand corruption and would
reassure Nigerians that the government is truly committed to ensuring
full accountability for the alleged corruption and mismanagement in the
spending of the funds.”
“Any failure or refusal to provide the information requested will be
clearly inconsistent with the letter and spirit of the FoI Act. The
accountability of government to the general public is a hallmark of
modern democratic governance, a norm of human rights and a tool to curb
corruption.”
The FoI requests read, in part: “If we have not heard from you within 7
days as stated, SERAP shall take all appropriate legal actions under the
FoI Act to compel you to comply with our request. Access to the details
sought would allow Nigerians an opportunity to assess the impacts of any
projects carried out with the funds.”
“SERAP is concerned that the allegations of corruption and mismanagement
involving the use of Abacha loot may be responsible for the increasing
level of grand corruption over the years and the entrenched impunity of
perpetrators.”
“Publishing details of spending of Abacha loot by successive
administrations would also ensure that persons with public
responsibilities are answerable to the people for the performance of
their duties including the management of Nigeria’s commonwealth.”
“Transparency and accountability enable citizens to have a say about
issues such as the spending of returned Abacha loot, that matter to them
and a chance to monitor and influence how the funds are spent as well as
hold those managing the funds to account in cases of diversion or
mismanagement.”
“The government ought to come up with an Abacha loot scoreboard to
determine the exact amount stolen and the extent of transparency and
accountability of the returned loot since 1999.”
“If there is any indication that any of the recovered Abacha funds have
been diverted, re-stolen or mismanaged, for such cases to be immediately
referred to appropriate anti-corruption agencies for effective
investigation, and prosecution if there is relevant admissible
evidence.”
“A scoreboard for the actual amount stolen and the spending of returned
loot by each administration since 1999 would encourage more transparency
and accountability and ensure that the funds reach the real victims of
corruption as well as reduce concerns by Nigerians, the holding states
and other partners about the returned loot being diverted, re-stolen or
mismanaged.”
“According to our information, a special panel set up on 23 July 1998 by
the former head of state General Abdulsalami Abubakar to probe the late
military dictator General Sani Abacha stated that he stole over $5
billion between 1993 and 1998 when he was in power. Much of the stolen
public funds have been returned to Nigeria.”
“The report by the panel shows that the government recovered some $635
million, £75 million, DM 30 million and N9 billion as well as several
vehicles and properties in Abuja, Lagos and Kano together with 40%
interests in West African Refinery in Sierra Leone. Other assets were
recovered from the Abacha family and associates.”
“Furthermore, former president Olusegun Obasanjo administration also
reportedly recovered over $2 billion of Abacha loot. Mr Obasanjo would
seem to confirm this fact when he stated in the second volume of his
book titled My Watch that: ‘by the time I left office in May 2007, over
$2 billion and £100 million had been recovered from the Abacha family
abroad, and N10 billion in cash and properties locally.'”
“Similarly, former president Goodluck Jonathan administration reportedly
recovered $226.3 million and €7.5 Million from Liechtenstein. Some £22.5
million was also recovered from the Island of Jersey while $322 million
and £5.5 million from the Abacha loot were reportedly returned to the
government.”
“The government of president Muhammadu Buhari has also recovered several
millions of dollars of Abacha loot since assuming office in May 2015,
including $321 million from Switzerland, and $300 million from the US
and Jersey.”
SERAP therefore urged the Federal Government to:
1. Disclose the exact amounts stolen by Abacha, and the total amounts
of the recovered loot and all agreements since the return of democracy
in 1999;
2. Disclose details of the projects executed with the funds,
locations of any such projects and the names of companies and
contractors that carried out the projects;
3. Disclose details of specific roles played by the World Bank and
other partners in the execution of any projects funded with Abacha loot
since 1999;
4. Refer any allegations of corruption involving the execution of
projects with Abacha loot to the Economic and Financial Crimes
Commission (EFCC) and the Independent Corrupt Practices and Other
Related Offences Commission (ICPC) for investigation;
5. Ensure that anyone involved in alleged corruption in projects
executed with Abacha loot is brought to justice if there is relevant and
sufficient admissible evidence
“By Section 1 (1) of the Freedom of Information (FoI) Act 2011, SERAP is
entitled as of right to request for or gain access to information,
including information on the exact amount stolen and spending of
returned Abacha loot and related details.”