The Embassy of
the United States of America in Nigeria has told Socio-Economic Rights and
Accountability Project (SERAP) that “We will relay your letter to President
Donald J. Trump and Secretary of State Rex Tillerson requesting the
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 US embassy said that, “The Justice Department and the Federal
Bureau of Investigation are in regular communication with the Nigerian Attorney
General and the Ministry of Foreign Affairs regarding further cooperation
needed to conclude pending asset forfeiture cases and to develop a mechanism
for the timely and transparent repatriation of those assets.”
The embassy
letter signed by David J. Young, Deputy Chief of Mission followed SERAP’s
letter dated 3 February 2017 and signed by the organization’s US Volunteer
Counsel Professor Alexander W. Sierck and executive director Adetokunbo Mumuni.
SERAP had in the letter told Mr Trump that, “the US Department of Justice must
promptly initiate civil asset forfeiture proceedings against the $500 million
proceeds of corruption so as to fulfill several non-controversial commitments
by the US to assist Nigeria in recovering assets looted by former Nigerian
government officials.” In response, the US embassy said last week that, “Thank
you for your letter regarding the recovery of Nigerian assets. As part of the
2010 Kleptocracy Asset Recovery Initiative, the US Department of Justice has
sought to forfeit the proceeds of corruption by foreign officials [including
from Nigeria], and where appropriate, to use recovered assets to benefit the
people who were harmed.
This policy is consistent with US treaty obligations,
including the UN Convention against Corruption.” The embassy letter read in
part: “The United States Government supports the Government of Nigeria’s
efforts to work with civil society to identify how harm can be remedied through
the return of stolen assets. We encourage you to disclose these issues with the
Nigerian Attorney General and Ministry of Foreign Affairs, who are working
closely with the US on the repatriation process.”
“We were encouraged by civil
society’s role in the development of Nigeria’s Open Government Partnership
Action Plan and the commitment to strengthening laws to foster transparency and
accountability in the management of recovered and returned assets.” It would be
recalled that SERAP had in its letter said, “the $500 million 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’s letter read in part: “We urge 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.”
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