The Embassy of the United States of America in Nigeria has told
\nSocio-Economic Rights and Accountability Project (SERAP) that \u201cWe will
\nrelay your letter to President Donald J. Trump and Secretary of State Rex
\nTillerson requesting the Administration to attach and release to Nigeria
\nsome $500 million worth of US-based proceeds of corruption traced to
\nformer Nigerian dictator General Sani Abacha.\u201d<\/p>\n
The US embassy said that, \u201cThe Justice Department and the Federal Bureau
\nof Investigation are in regular communication with the Nigerian Attorney
\nGeneral and the Ministry of Foreign Affairs regarding further cooperation
\nneeded to conclude pending asset forfeiture cases and to develop a
\nmechanism for the timely and transparent repatriation of those assets.\u201d<\/p>\n
The embassy letter signed by David J. Young, Deputy Chief of Mission
\nfollowed SERAP\u2019s letter dated 3 February 2017 and signed by the
\norganization\u2019s US Volunteer Counsel Professor Alexander W. Sierck and
\nexecutive director Adetokunbo Mumuni.<\/p>\n
SERAP had in the letter told Mr Trump that, \u201cthe US Department of Justice
\nmust promptly initiate civil asset forfeiture proceedings against the $500
\nmillion proceeds of corruption so as to fulfill several non-controversial
\ncommitments by the US to assist Nigeria in recovering assets looted by
\nformer Nigerian government officials.\u201d<\/p>\n
In response, the US embassy said last week that, \u201cThank you for your
\nletter regarding the recovery of Nigerian assets. As part of the 2010
\nKleptocracy Asset Recovery Initiative, the US Department of Justice has
\nsought to forfeit the proceeds of corruption by foreign officials
\n[including from Nigeria], and where appropriate, to use recovered assets
\nto benefit the people who were harmed. This policy is consistent with US
\ntreaty obligations, including the UN Convention against Corruption.\u201d<\/p>\n
The embassy letter read in part: \u201cThe United States Government supports
\nthe Government of Nigeria\u2019s efforts to work with civil society to identify
\nhow harm can be remedied through the return of stolen assets. We encourage
\nyou to disclose these issues with the Nigerian Attorney General and
\nMinistry of Foreign Affairs, who are working closely with the US on the
\nrepatriation process.\u201d<\/p>\n
\u201cWe were encouraged by civil society\u2019s role in the development of
\nNigeria\u2019s Open Government Partnership Action Plan and the commitment to
\nstrengthening laws to foster transparency and accountability in the
\nmanagement of recovered and returned assets.\u201d<\/p>\n
It would be recalled that SERAP had in its letter said, \u201cthe $500 million
\nproceeds are separate from the $480 million of Abacha-origin funds that
\nhave been forfeited to the US under an August 2014 US federal district
\ncourt order. SERAP\u2019s request is fully consistent with the UN Convention
\nAgainst Corruption, which both the US and Nigeria have ratified.\u201d<\/p>\n
SERAP\u2019s letter read in part: \u201cWe urge your new Administration to initiate
\ndiscussions with the Nigerian government to fulfill these objectives
\nwithin an agreed framework and timeline. Simultaneously, the
\nAdministration should instruct the Justice Department to initiate civil
\nasset forfeiture proceedings in regard to the above-referenced $500
\nmillion in assets described above.\u201d<\/p>\n
\u201cAny bilateral discussions between the US and Nigeria concerning these
\nassets should include clear acknowledgement of the significant role that
\ncivil society plays in asset recovery matters.\u201d<\/p>\n
\u201cTo that end, the respective governments ought to commit to promptly
\nsharing information with relevant civil society organizations on stolen
\nassets of Nigerian origin located in the US or otherwise subject to US
\njurisdiction. This proposed commitment is similar to one between the US
\nand Kenya as well as consistent with Articles 46(4) and 56 of the UN
\nConvention Against Corruption.\u201d<\/p>\n
\u201cSERAP notes that Article 51 of the UN Convention against Corruption
\nprovides for the return of \u201ccorrupt\u201d assets to countries of origin as a
\nfundamental principle. Article 43 provides likewise. Similarly, under
\nArticles 47(3)(a) and (b) states parties have an obligation to return
\nforfeited or confiscated assets in cases of public corruption, as here, or
\nwhen the requesting party reasonably establishes either prior ownership or
\ndamages to the states.\u201d<\/p>\n
\u201cIn SERAP\u2019s judgment, some or all of these requirements have been met with
\nrespect to the $500 million in proceeds described above. A resolution
\nadopted by the Conference of States Parties to the UN Convention Against
\nCorruption in Panama in November 2013 reaffirms this obligation, by
\nrequiring state to make \u201cevery effort\u201d to return such proceeds. to the
\nvictim state.\u201d<\/p>\n
\u201cNigeria\u2019s Presidential Advisory Committee Against Corruption has recently
\ninformed SERAP that the US Government has identified another $500 million
\nor so proceeds of Nigerian corruption subject to US jurisdiction.\u201d<\/p>\n","protected":false},"excerpt":{"rendered":"
The Embassy of the United States of America in Nigeria has told Socio-Economic Rights and Accountability Project (SERAP) that \u201cWe will relay your letter to President Donald J. Trump and…<\/p>\n","protected":false},"author":1,"featured_media":47033,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_lmt_disableupdate":"","_lmt_disable":"","footnotes":""},"categories":[17],"tags":[],"class_list":["post-57562","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-exclusive"],"yoast_head":"\n