Attorney-General of the Federation and Minister of Justice,
Abubakar Malami, has replied comments by Femi Falana, SAN, on the process of
disbursement and use of recovered stolen funds based on the provisions of the
Revenue Mobilization, Allocation and Fiscal Commission (RMAFC).
He said RMAFC has nothing specific on funds recovered from
indicted public officers or assets recovered internationally and merely
mentions accruals and disbursement of revenue from the Federation Account.
A statement on Tuesday by Malami’s spokesman, Umar Gwandu,
said the questions of recovery of stolen funds from indicted public officers
and illicit assets recovered internally are not contemplated by the spirit of
the law internationally and are appropriately dealt with by other relevant laws.
The minister said it was misleading to give the impression
that recoveries and usage of stolen funds stashed abroad are provided for by
the RMAFC Act when recoveries are product of by multiple jurisdictional
legislations, thereby bringing recoveries into the purview of conflict of laws.
“One cannot situate rights and entitlements on looted funds
and recovered assets with myopic and narrow understating of concepts of the
application of local legislation”, he noted.
“For the avoidance of doubt and the purpose of setting the
record straight, the application of the looted funds can only factor within the
context of mutual understanding and negotiations of international and
multifaceted jurisdictional and territorial legislative issues.
“The recovery of stolen assets and the subsequent uses to
which these funds may be employed are subject to international agreements
between Nigeria and the affected countries, thereby bringing conflict of laws into contemplation.
“Importantly also, these repatriated funds are based on
cooperation and mutual assistance agreements, especially the United Nation
Convention against Corruption and Implementation of the Global Forum on Asset Recovery (GFAR) Principles on the Repatriation of Stolen
Assets.
“The African Union and the ECOWAS Protocols on recovery of
illicit funds are equally relevant when it comes to the role of the Nigeria in
relation to its other partners. As a member of the committee of nations and a
respectable international partner, Nigeria must always strive to fulfill its
international commitments in the repatriation and use of stolen funds and
assets.
“By way of example, the Federal Government of Nigeria has
entered into numerous agreements such as the one with the United States and the
Island of Jersey in 2020, and including with other countries around the world.
Where the agreements assume an international character, the specifics of the
agreement often dictate the trajectory of recovery, sharing, transfer and
implementation.”
Malami added that the disbursement formula mentioned by
Falana was applicable in relation to monies belonging to the Federal Government
that are locally generated.
The AGF said this should not to be confused with stolen
funds and assets domiciled in foreign jurisdictions whose recovery and
subsequent repatriation are based on international legal arrangements between
Nigeria and foreign custodians of the funds.
Malami advised Falana to make statements that will enlighten
the general public, rather that render alleged utterances that are misleading
and calculated at striking discord and confusion in the public domain.
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