Socio-Economic Rights and Accountability Project (SERAP) has asked Mr.
\nAbubakar Malami (SAN), Attorney-General of the Federation and Minister of
\nJustice, to \u201cuse your good offices as a defender of public interest, and
\nexercise your powers under Section 174(1) of the Constitution of Nigeria
\n1999 (as amended), to urgently institute and undertake criminal
\nproceedings against Mrs Dame Patience Jonathan over $15m unexplained
\nwealth frozen in four companies\u2019 accounts.\u201d<\/p>\n
The organization asked Mr Malami to \u201ctake this step within 7 days<\/span><\/span> of the The letter dated 13 September 2016 and signed by SERAP executive director The letter reads in part: \u201cAccording to article 2 \u201cfor the purpose of some \u201cThus, article 2 makes it very clear that any person, such as Mrs Jonathan \u201cIn this context, it is the character of the duties performed by Mrs \u201cUnder article 20 of the convention, this government has an obligation to \u201cThe fact that the $15m found in the four accounts belong to Mrs Jonathan \u201cIn the event that she is not able to justify, explain or put forth \u201cSimilarly, section 44 of the Corrupt Practices and other Related Offences \u201cSERAP notes that Mrs Jonathan has admitted that the four accounts belong \u201cAccording to reports, a houseboy, a driver and other domestic workers of \u201cPursuing prosecution in this case would help to provide adequate \u201cThe use of the offence of illicit enrichment is necessary to any Socio-Economic Rights and Accountability Project (SERAP) has asked Mr. Abubakar Malami (SAN), Attorney-General of the Federation and Minister of Justice, to \u201cuse your good offices as a defender of public…<\/p>\n","protected":false},"author":1,"featured_media":49993,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_lmt_disableupdate":"","_lmt_disable":"","footnotes":""},"categories":[17],"tags":[],"class_list":["post-53138","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-exclusive"],"yoast_head":"\n
\nreceipt and\/or publication of this letter, failing which SERAP will
\ninstitute legal proceedings to compel the discharge of constitutional duty
\nin this matter.\u201d<\/p>\n
\nAdetokunbo Mumuni argued that, \u201cMrs Jonathan is a politically exposed
\nperson under anticorruption standards. She is also covered under the
\ndefinition of \u2018public officials\u2019 contained in the UN Convention against
\nCorruption to which Nigeria is a state party. Under article 2 of the
\nconvention, public officials include Mrs Jonathan or any other family
\nmembers of the former President Goodluck Jonathan who exercised official
\nduties while he was president.\u201d<\/p>\n
\nspecific measures contained in chapter II of this Convention, \u201cpublic
\nofficial\u201d may mean any person who performs a public function or provides a
\npublic service.\u201d<\/p>\n
\nperforming a public function, entrusted with a public task or to whom
\npublic functions have been assigned are public officials, regardless of
\nwhether they have been elected or appointed, paid or unpaid.\u201d<\/p>\n
\nJonathan while her husband was president that is the overriding
\nconsideration as she held a position of trust by virtue of performing
\npublic functions or services. In addition, such public duties or services
\nby her are expected to be performed in good faith.\u201d<\/p>\n
\nprosecute intentional illicit enrichment, that is, a significant increase
\nin the assets of a public official that he or she cannot reasonably
\nexplain in relation to his or her lawful income.\u201d<\/p>\n
\nraises serious suspicion or at the very least a prima-facie case of
\nunexplained wealth\/illicit enrichment, and imposes an obligation on Mrs
\nJonathan to explain and justify the source(s) of the $15m.\u201d<\/p>\n
\nevidence demonstrating the legitimate origin of the $15m, SERAP urges you
\nto take immediate steps to forfeit the asset under appropriate legal
\nproceedings, and to institute criminal prosecution for unexplained wealth
\nin the matter.\u201d<\/p>\n
\nAct criminalises unexplained or illicit wealth and allows criminal
\npenalties and forfeiture if in the course of an investigation there are
\nreasonable grounds to believe that a corruption offence has been
\ncommitted, that is, the failure to explain the origin of the $15m given
\npresent or past emoluments, and other relevant circumstances.\u201d<\/p>\n
\nto her and that she is the sole signatory to these accounts. The four
\naccounts in which Mrs Jonathan\u2019s $15m was lodged are said to belong to the
\nfollowing companies: Pluto Property and Investment Company Limited,
\nSeagate Property Development and Investment Company Limited, Trans Ocean
\nProperty and Investment Company Limited and Globus Integrated Service
\nLimited. Mrs Jonathan was given a platinum card and exclusive access to
\nthe accounts.\u201d<\/p>\n
\na former Special Adviser on Domestic Affairs to former President Goodluck
\nJonathan, Waripamowei Dudafa, were named as directors.\u201d<\/p>\n
\nreparation, which may take the form of restitution, compensation,
\nsatisfaction or guarantees of non-repetition to victims of corruption who
\ncontinue to be denied their right to an effective remedy. It would also
\nsend a clear message that cases of unexplained wealth or illicit
\nenrichment involving politically exposed persons would not go unpunished.\u201d<\/p>\n
\nanticorruption movement, and accepted instrument in the global fight
\nagainst corruption. It would also enhance the government\u2019s powers to
\nmonitor wealth and improve transparency and accountability within the
\npublic sector. SERAP considers this as a proportionate and measured
\nresponse to the pernicious problem of corruption in the country. By
\ncombating an official\u2019s unexplained material gains, illicit enrichment
\noffenses make it clear to public officials that if they engage in corrupt
\nconduct they would forfeit illegally acquired wealth and go to prison.\u201d<\/p>\n","protected":false},"excerpt":{"rendered":"