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$550m Abacha Loot: US Court Clears Way For Repatriation

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A United States District Court, at the weekend, dismissed a case by a Nigerian lawyer seeking to stop the repatriation of over $550 million of stolen funds during the regime of late General Sani Abacha (referred to as the Abacha loot) to Nigeria until the payment of his purported legal fees put at $320 million by the Federal Government.
The thrashing of the case by Justice John D. Bates of the U.S District Court, automatically clears the final legal hurdle for the return of the loot to Nigeria to help it retool its plummeting economy, which has received heavy pummelling from falling oil prices and corruption.
The US-based Nigerian lawyer, Godson Nnaka, had laid claim to the fact that the Federal Government must pay him $320 million as legal fee for the forfeiture of the $550 million of the Abacha loot still trapped in the United States.
But Justice John D. Bates, in dismissing Nnaka’s case, held that the claimant was not entitled to such payment since he was not a party to the forfeiture case filed by the US Department of Justice in conjunction with the Federal Government.
The Federal Government, through the Office of the Attorney General of the Federation, also filed a robust opposition to Nnaka’s motion for the payment of the lien, and also asked the court to bar Nnaka from making subsequent filings in that case.
Ruling on the case, the District Court entered an order denying Nnaka’s Motion for a Charging Lien (fee).
The court also specifically ruled that “Nnaka’s participation in this case must now come to an end.”
Bates said that Nnaka did not meet the basic prerequisites to be considered as a proper party in the case, and to be paid the amount he requested for, having not qualified to represent Nigeria.
The judge also ruled out Nnaka for the payment since he had not won any judgment for Nigeria.
Bates said in his ruling that, “Neither Nnaka nor his purported clients are parties to the forfeiture matter, and neither of them can win judgment through this litigation.
“The conclusion dooms Nnaka’s motion for charging lien. At common law, the charging of lien is applicable to a judgment or decree obtained for a client by an attorney. Until a judgment or decree has been obtained, the right to impose a lien does not arise.
“Even the most basic prerequisites for charging lien are missing here: Nnaka has not won a judgment for Nigeria; indeed, he had not successfully entered appearance on Nigeria’s behalf. A charging lien in the amount of $320 million is not called for. Nnaka’s claim against Nigeria must be pursued in another case: 16cv-1400.
“Unless and until Nnaka’s claim to the defendant’s assets are reinstated by the DC Circuit, Nnaka’s participation in this case must now come to an end,” the US judge ruled, paving the way for Nigeria to draw down its huge cash.
It will be recalled that Attorney General and Minister of Justice, Abubakar Malami, who was in the US for the judgment, had recently raised the alarm that Nnaka was merely trying to delay the return of the Abacha loot by the US, by making a frivolous claim that Nigeria must pay him 40 per cent of the Abacha loot.
Nnaka had also claimed that Malami was working against him after he had refused to relinquish “70 per cent” of his 40 per cent to the minister.
While responding to the allegation, Malami described Nnaka as a strange person to the case, who had not recovered a dime for Nigeria since he was allegedly given a mandate by the former Attorney General of the Federation, Mr. Olujimi, to recover the Abacha loot in 2004.
Malami, in a 44-page document made available to newsmen earlier, described Nnaka as a man trying to reap from where he did not sow.
The minister said the Federal Government would not pay Nnaka the huge amount he is asking for since he is not qualified to practise law in the Maryland area where the case is taking place, and did not recover any money for the country 14 years after he was given a provisional letter to help locate and recover the Abacha loot.
The court had also held that since the temporary letter given to Nnaka by Olujimi was not revalidated by Mohammed Adoke when the forfeiture case resumed in 2013, the lawyer could, therefore, not claim to be representing Nigeria.
But Nnaka immediately rejected the court verdict and appealed against the ruling and threatened to sue Malami for saying that he was not qualified to represent Nigeria and was not entitled to 40 per cent of the Abacha loot.
The litany of cases filed by Nnaka and the appeal by the US Department of Justice, in conjunction with Nigeria, directly delayed the repatriation of the huge cash from the US to Nigeria.
Upon persistent inquiry, Malami told newsmen at the venue of the hearing in the US that he was hopeful that with the dismissal of the frivolous case by Nnaka, efforts would be intensified to bring back the Abacha loot.
“We trust that this Order denying Nnaka’s frivolous claim to the Abacha assets, will help to allay the fear of the Nigerian general public arising from an online medium’s article which stated that Nigeria stands to lose $320 million on account of Nnaka’s Motion.
“We also hope that this Order will help to correct the many falsehoods and half-truths published in the past against the Office of the Honourable Attorney General of the Federation regarding this matter.
“This is a positive development for Nigeria,” the AGF said.

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SERAP Drags FG To ECOWAS Court Over N78.8bn Cash Transfer

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The Socio-Economic Rights and Accountability Project (SERAP) has sued the Federal Government at the ECOWAS Community Court of Justice over alleged diversion, irregular expenditure and failure to account for N78.8bn allocated to cash-transfer and social-protection programmes.

SERAP, in a statement released by its Deputy Director, Kolawole Oluwadare, yesterday, said the allegations involved the Ministry of Humanitarian Affairs and Poverty Reduction, the National Cash Transfer Office and the National Social Safety Nets Coordinating Office.

The allegations were documented in the Auditor-General of the Federation’s 2024 Annual Report, published on August 7, 2026.

According to the report, the findings covered various periods between January 2023 and December 31, 2024.

In the suit, marked ECW/CCJ/APP/42/26 and filed last week, SERAP is seeking a declaration that the government’s failure to account for the funds violates Nigeria’s international human rights obligations.

The organisation is also asking the court to order the government to provide a comprehensive account of the questioned funds, investigate the alleged irregularities, recover any money improperly spent or diverted where established, and strengthen financial oversight of social-protection programmes.

SERAP argued that the alleged financial irregularities could undermine the rights of vulnerable Nigerians to social security and an adequate standard of living, including access to food, clothing and housing.

The statement party read, “The funds were intended to benefit over 3.2 million households across 35 states, whose access to financial assistance has been affected by the allegations made by the Auditor-General.”

The suit, filed by SERAP’s lawyers, Kolawole Oluwadare and Kehinde Oyewumi, stated that the government’s failure to investigate the allegations and recover any improperly spent funds violated its obligations to protect vulnerable households.

“The failure to investigate the N78.8 billion cash-transfer scandal, account for the questioned funds and recover any unlawfully spent amounts violates Nigeria’s obligations to protect the human rights of vulnerable households,” the suit partly read.

The organisation said it instituted the case to protect affected households and ensure accountability for public funds allocated for their benefit.

“SERAP brings this public-interest case to protect the interests of affected households and ensure accountability for public funds allocated for their benefit,” it stated.

The organisation maintained that cash-transfer programmes could help address extreme poverty and enable vulnerable people to meet their basic needs, but argued that the government had a duty to ensure the funds were properly managed.

“The right to social security cannot be effectively realised merely by establishing a formal cash-transfer programme where the State fails to maintain reasonable systems for identifying beneficiaries, maintaining records, reconciling disbursements, monitoring expenditure, investigating irregularities and remedying losses,” the statement further stated.

According to SERAP, the Auditor-General questioned approximately N33.751bn reportedly transferred to more than 3.2 million households across 35 states in 2023, noting that adequate records to verify the payments and reconcile beneficiary records were not provided.

The report also identified N36.744bn in payments allegedly made without prepayment audits, N4.616bn in unsupported expenditures, N350.182m for enrolment, N89.511m for store purchases and N17.422m in diesel advances.

SERAP said the suit was brought under Article 9(4) of the ECOWAS Court Protocol to protect affected households and ensure accountability for public funds intended for social protection.

“The issue is whether the government has discharged its obligations under applicable human-rights treaties to safeguard resources allocated for social protection, investigate documented financial irregularities, provide effective remedies and ensure that those resources are applied for their intended purposes,” it stated.

The organisation also cited the constitutional responsibility of the Auditor-General to audit and report on the public accounts of the Federation and the offices and agencies of the Federal Government, describing the findings in the annual report as important official records of public expenditure.

It relied on Articles 1 and 2 of the African Charter on Human and Peoples’ Rights, arguing that the government had obligations to give effect to protected rights and ensure that failures in administering social-protection programmes did not result in discriminatory exclusion or unequal access to benefits.

“The Nigerian government has the obligation to take effective measures to prevent and address corruption and related misuse of public resources. The government has failed to take appropriate measures in response to the allegations made by the Auditor-General”, the statement added.

SERAP said it had previously urged President Bola Tinubu and relevant authorities to account for the questioned funds, publish audit records, investigate irregular expenditures, recover any funds unlawfully spent or diverted and take appropriate action against those responsible.

Following the publication of the Auditor-General’s report, the organisation issued a public statement and sent a letter dated September 5, 2026, requesting action on the findings. It also sought payment and beneficiary records, verification documents and an explanation for the missing REMITA records.

“The deadline given to the government to address the Auditor-General’s findings had elapsed without adequate action,” it stated.

The organisation further cited Articles 1 and 21 of the African Charter, alongside Article 9 of the United Nations Convention against Corruption, as requiring effective measures to protect rights and resources, promote transparent public financial management, investigate irregularities and recover public funds where losses or improper expenditure were established.

SERAP also relied on the works of legal scholar Kolawole Olaniyan, including Corruption and Human Rights Law in Africa, published by Hart Publishing in 2014, and Ownership of Proceeds of Corruption in International Law, published by Oxford University Press in 2023. It said the publications provided persuasive academic authority on corruption’s effects on human rights, public resources, accountability and international legal remedies.

“SERAP accordingly submits that the Auditor-General’s findings cannot be treated merely as administrative irregularities where public funds allocated for social protection may have been lost, improperly spent or left unaccounted for, and the government fails to take effective corrective action,” the statement added.

SERAP is asking the court to direct the government to conduct an independent, prompt and effective investigation into the identified irregularities, recover public funds improperly spent, diverted or lost where established, and take appropriate legal or administrative action against those found responsible, in accordance with due process.

It also wants the government to strengthen financial accountability, beneficiary verification, auditing, reconciliation and oversight mechanisms to prevent a recurrence of the alleged irregularities and ensure that eligible vulnerable households receive their intended benefits.

The organisation is further seeking an order restraining the government from administering or disbursing cash-transfer and social-protection funds without adequate accountability and oversight mechanisms, as well as appropriate remedies for any established adverse effects on beneficiaries’ protected rights.

No date has, however, been fixed for the hearing of the suit.

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FG releases N38.93bn to upgrade 166 tertiary institutions

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The Federal Government has released N38.93bn to 166 public tertiary institutions nationwide under the Needs Assessment Revitalisation Fund to address infrastructure deficits and improve teaching and learning facilities.

The intervention covers 79 universities, 46 polytechnics and 41 colleges of education, with universities receiving the largest share of the allocation.

The Federal Ministry of Finance disclosed this in a statement issued on Sunday by its Head of Media, Efe Ovuakporie, explaining that the funds would support approved projects in beneficiary institutions.

The statement read, “The Federal Government has disbursed N38.93bn to 166 public tertiary institutions nationwide under the Needs Assessment Revitalisation Fund.”

According to the ministry, the university component accounts for N28.5bn, while N5.8bn has been allocated to polytechnics and N4.7bn to colleges of education.

According to the ministry, the university component accounts for N28.5bn, while N5.8bn has been allocated to polytechnics and N4.7bn to colleges of education.

An analysis of the allocations by PUNCH Online showed that universities would receive approximately 73.2 per cent of the announced N38.93bn intervention, making them the largest beneficiaries.

Polytechnics would account for about 14.9 per cent, while colleges of education would receive approximately 12.1 per cent.

The ministry explained that the intervention was intended to address longstanding infrastructure challenges in public tertiary institutions and support the implementation of agreements reached between the Federal Government and the Academic Staff Union of Universities.

It stated, “The intervention forms part of the Federal Government’s efforts to address the needs of public universities and support the implementation of agreed measures under the Memorandum of Understanding between the Federal Government and the Academic Staff Union of Universities.”

The Needs Assessment Revitalisation Fund is designed to support improvements in institutional infrastructure and other identified needs, particularly in public universities, where inadequate facilities have remained a recurring concern in negotiations between the government and academic unions.

The ministry said the latest disbursement would enable beneficiary institutions to begin new projects or continue previously approved interventions aimed at improving their operational capacity.

“The funds are expected to enable beneficiary institutions to commence or advance approved projects addressing critical infrastructure and other identified institutional needs, with the overall objective of strengthening the quality of tertiary education in Nigeria,” it added.

The government also emphasised the need for coordination among the Federal Ministry of Finance, Federal Ministry of Education and beneficiary institutions to ensure that the released funds produced measurable improvements.

It noted that effective collaboration would be necessary to translate the financial intervention into improved infrastructure, institutional capacity and learning conditions.

 

 

 

 

 

 

 

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Senate Passes Bill For Establishment Of Federal University Of Agriculture In Rivers

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The bill to approve the establishment  of  the Federal University of Agriculture, Emughan, Abua-Odual Local Government Area of Rivers State has passed third reading.

The Bill, titled  “A Bill for an Act to Amend the Federal Universities of Agriculture Act, Cap. F22, Laws of the Federation of Nigeria, 2024” was sponsored by Senator Ipalibo Harry Banigo representing Rivers West Senatorial District.

The bill seeks to amend the existing Federal Universities of Agriculture Act to provide for the establishment of the proposed institution in Emughan community in Rivers State.

The passage of the bill by the Senate marks a significant legislative milestone towards the establishment of the proposed university.

When established, the institution is expected to expand access to higher education, promote agricultural research and innovation, develop skilled manpower, and contribute to the economic growth of Rivers State and Nigeria at large.

According to a statement made available to The Tide, the bill, having passed the Third Reading in the Senate, will now proceed to the House of Representatives for concurrence as part of the legislative process towards its enactment into law.

The bill underscores Senator Banigo’s  commitment to advancing educational opportunities and strengthening agricultural development in Rivers State.

By: Kevin Nengia

 

 

 

 

 

 

 

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