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.
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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