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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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Ministry Raises Concern Over Rising Teenage Pregnancies, Begins Adolescent Sensitisation Campaign

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The Department of Public Health in the Rivers State Ministry of Health has raised concern over the increasing cases of teenage pregnancies in society as it intensifies efforts to educate adolescents across the state.
Programme Manager for Adolescent Health and Development in the department, Mrs. Tammy Briggs, expressed the concern during a sensitisation programme held at Government Girls Secondary School Rumueme in Obio/Akpor Local Government Area of Rivers State.
Briggs explained that the campaign was designed to educate adolescents on the dangers of teenage pregnancy and other health-related issues affecting young people.
According to her, teenage pregnancy is currently on the rise, making it necessary for the ministry to step up awareness programmes among students.
“This is something that is on the rise for now. We have observed that there are many cases of teenage pregnancies, so we are here to sensitise them on ways to prevent it entirely,” she said.
She disclosed that the sensitisation campaign is being carried out in selected schools across four local government areas of the state, namely Obio/Akpor Local Government Area, Port Harcourt City Local Government Area, Ogba/Egbema/Ndoni Local Government Area and Eleme Local Government Area.
Briggs noted that the programme focuses on several key issues affecting adolescents, including sexual and reproductive health, gender-based violence, teenage pregnancy, substance abuse, emotional health and proper nutrition.
She added that the outreach programme also featured tuberculosis screening for students as well as the distribution of sanitary pads and mathematical sets to support their health and academic development.
The programme manager commended the management of Government Girls Secondary School Rumueme for their cooperation and support in hosting the sensitisation exercise. She also advised the students to avoid behaviours that could jeopardise their future.
Speaking during the session, Dr. Nwadike Chinonso urged the students to make informed decisions about their lives and remain focused on their education.
He cautioned them against engaging in early sexual activities, stressing that abstinence remains one of the most effective ways to prevent sexually transmitted infections and unintended pregnancies.
Some of the students who participated in the programme expressed appreciation to the team for the awareness campaign and pledged to apply the knowledge gained to make responsible life choices.

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Extortion, Contraband Scandal Erupts At Kwale Custodial Centre

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Disturbing allegations of extortion, intimidation and the smuggling of prohibited items have unsettled the Kwale Medium Security Custodial Centre (MSCC) in Delta State, prompting calls for urgent intervention by the national authorities of the Nigeria Correctional Service amid fears of potential security breaches within the facility.
The development was disclosed by a senior officer at the Delta State custodial facility, who expressed concern over what was described as entrenched irregularities capable of undermining discipline and operational standards at the centre.
According to the source, detailed findings compiled between December 2025 and January 2026 highlighted patterns of misconduct and warned of possible security consequences should the allegations remain unchecked.
At the centre of the claims is a powerful corrections official serving as Officer in Charge of the Kwale facility, accused of presiding over persistent financial extortion, high-handedness and the victimisation of inmates under his supervision.
The document further indicated that the alleged practices may have originated during the tenure of a former General Provost, reportedly with the collaboration of another senior custodial official within the system.
Intelligence details suggested that inmates were allegedly compelled to contribute funds for projects and items considered outside the statutory framework of inmate welfare, raising questions about compliance with established correctional guidelines.
Among the financial demands reportedly imposed were ¦ 300,000 for the repair of a Hilux vehicle, ¦ 600,000 for the purchase of a freezer and ¦ 750,000 for a generator allegedly designated for the Officer in Charge’s residence.
The report also alleged that inmates were required to make payments before being conveyed to court, while Awaiting Trial Persons in Cells One to Nine were directed to raise ¦ 30,000 per cell, with Convict Cells One to Three, including a designated VIP cell, similarly mandated to pay ¦ 30,000 monthly.
Observers noted that if substantiated, such practices would amount to grave breaches of professional ethics and custodial administration standards, eroding principles of fairness, transparency and inmate welfare within correctional institutions.
Beyond the financial allegations, the intelligence brief raised concerns over the purported possession of unauthorised communication devices, alleging that a serving General Provost had two Android phones while another influential inmate was also reportedly found with a mobile device.
The document further alleged that prohibited items, including alcoholic beverages, Indian hemp and other hard substances, may have been smuggled into the custodial yard under the guise of routine supervision duties, with security sources warning that the cumulative effect of extortion, intimidation and contraband trafficking has heightened tension within the facility.
In view of the gravity of the allegations, they called for an immediate and discreet investigation by the minister of Interior for immediate action to safe the life of inmates.
The administrative review of implicated officers, even as officials of the Nigeria Correctional Service had yet to issue an official statement, with stakeholders insisting that a transparent probe and decisive action are essential to restoring confidence and safeguarding institutional integrity at the Kwale Medium Security Custodial Centre.

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SERAP Sues FG Over Phone-Tapping Rules

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The Socio-Economic Rights and Accountability Project (SERAP) has filed a lawsuit against the government of President Bola Tinubu at the ECOWAS Community Court of Justice over the government’s alleged failure to withdraw “unlawful mass phone-tapping rules” known as the Lawful Interception of Communications Regulations, 2019.

LICR 2019 is a regulation that authorises telecom licensees to install technology for security agencies to monitor communications, including voice, data, text, email, and browsing, for national security and to combat crime.

SERAP, in a statement signed by its Deputy Director, Kolawole Oluwadare, yesterday, said the suit followed allegations by former Kaduna State Governor, Nasir El-Rufai, that the phone conversation of the National Security Adviser, Nuhu Ribadu, was intercepted.

El-Rufai reportedly claimed, “The NSA’s call was tapped. They do that to our calls too, and we heard him saying they should arrest me.”

In the suit numbered ECW/CCJ/APP/11/26, filed last Friday at the ECOWAS Community Court of Justice in Abuja, SERAP is seeking “a declaration that the failure of the government to withdraw the Interception of Communications Regulations is unlawful and a violation of Nigeria’s international human rights obligations.”

The organisation is also asking the court to declare that the government’s failure to withdraw the regulations “constitutes an official endorsement of unlawful mass phone-tapping rules, as the Regulations are patently unlawful, and violate the rule of law, democratic principles, and the right to privacy.”

It is further seeking “an order directing and compelling the Nigerian government to immediately withdraw the Interception of Communications Regulations, and to commence a legislative process to ensure that any interception regulations are in conformity with Nigeria’s international human rights obligations.”

The suit, filed on behalf of SERAP by its lawyers Kolawole Oluwadare, Oluwakemi Oni, Valentina Adegoke and Maryam Mumuni, argued that “the Regulations establish a sweeping mass phone-tapping regime that violates Nigerians’ constitutionally and internationally guaranteed human rights, including to privacy and freedom of expression.”

“Where powers affecting fundamental human rights are exercised in secrecy and concentrated in political authorities without independent supervision, the risks of arbitrariness are substantial.

“Surveillance measures that lack strict necessity, proportionality and independent judicial oversight can easily be weaponised against political opponents, journalists, civil society actors and election observers,” it added.

SERAP also warned that the regulations raise concerns as Nigeria approaches the 2027 general elections, noting that broad interception powers could be abused during politically sensitive periods.

“In an electoral climate, even the perception that private communications are being monitored can chill political organising, investigative reporting and voter mobilisation.

“Free and fair elections depend on confidential communications, protected journalistic sources and open democratic debate. Any misuse of intercepted data for intimidation, political advantage or disinformation would fundamentally undermine Nigerians’ right to political participation and electoral integrity.

“As 2027 approaches, interception powers must be narrowly defined, subject to prior independent judicial authorisation and backed by effective remedies. Without robust safeguards, these Regulations risk threatening privacy rights, freedom of expression and the credibility of Nigeria’s democratic process,” the suit stated.

SERAP maintained that any restriction on the right to privacy must comply with the principles of legality, necessity and proportionality, arguing that the regulations fail to meet these requirements.

SERAP also cited the Office of the United Nations High Commissioner for Human Rights as stating that mass surveillance programmes based on indiscriminate and blanket collection of personal data are arbitrary and cannot satisfy the requirements of legality, necessity and proportionality.

The group said the Nigerian government has a duty to adopt clear laws, safeguards, independent oversight mechanisms and accessible remedies to prevent abuse by state agencies and private actors, including telecommunications providers and technology companies.

According to SERAP, the Nigerian Communications Commission (NCC) adopted the Lawful Interception of Communications Regulations, 2019 while exercising its powers under Section 70 of the Nigerian Communications Act, 2003.

The organisation argued that Regulation 4 grants broad discretionary interception powers to the National Security Adviser and the State Security Services, with little clarity on the scope or limits of such authority.

SERAP also pointed to inconsistencies within the regulations, noting that while Regulation 4 and Regulation 12 restrict interception powers to the NSA and SSS, Regulation 23 expands the category of authorised agencies to include bodies such as the Nigeria Police Force, National Intelligence Agency, Economic and Financial Crimes Commission, National Drug Law Enforcement Agency, and any other agency the commission may designate.

The organisation said this ambiguity undermines legal certainty and creates the risk of arbitrary application and abuse.

It also criticised provisions allowing interception without a warrant in certain circumstances, arguing that such powers are overly broad and susceptible to misuse.

SERAP further expressed concern that the regulations do not require authorities to notify individuals who have been subjected to surveillance, which it said weakens the ability of citizens to challenge unlawful monitoring.

The organisation warned that requirements compelling telecommunications licensees to install interception equipment and disclose encryption keys could undermine cybersecurity and discourage privacy-enhancing technologies.

SERAP acknowledged the government’s responsibility to address national security and organised crime but argued that such measures must remain within constitutional and international human rights limits.

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

 

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