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$550m Abacha Loot: US Court Clears Way For Repatriation
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.
News
FG Begins Trial Of Over 600 Terrorism Suspects
The Federal Government has commenced another phase of mass trials for hundreds of suspected terrorists facing terrorism-related charges in Abuja.
This is as the Attorney-General of the Federation and Minister of Justice, Lateef Fagbemi (SAN), declared that the administration would not treat terrorism with levity.
The prosecution is being led by Fagbemi, while the Director-General of the Legal Aid Council, Aliyu Abubakar, heads the defence team.
The trials, taking place simultaneously in several courtrooms, are expected to last one week.
Some of the judges handling the cases include Justices Binta Nyako, Emeka Nwite, Musa Liman, James Omotosho, Obiora Egwuatu and Ekerete Akpan.
At least 58 suspected terrorists were listed for trial before Justice Nwite on Monday.
Among them are Abba Bukar, Abba Manye, Gujja Mala Bukar, Brem Gonimi, Isa Mohammed, Lawali Dashiri Danke, Yau Tukur (Mai-Auduga), and Bello Liman, also known as Bell Doctor.
The latest proceedings come barely two months after about 500 suspected terrorists were tried between April 7 and April 10 in Abuja.
Speaking with journalists at the commencement of the trials on Monday, Fagbemi said the proceedings demonstrated the Federal Government’s commitment to combating terrorism and ensuring the security of Nigerians.
“The message is clear, direct and straightforward. It is that the present administration is not taking the issue of terrorism with levity. And that is why you see ongoing trials,” he said.
According to him, the current exercise marked the fourth phase of terrorism trials under the administration.
“Since the inception of this administration, this is about the fourth phase that we are undertaking. So the message is that let everybody know that terrorism in whatever form or shape will not be tolerated.
“We will fight with every inch of our blood to ensure that we make Nigeria a safe haven for everybody,” the AGF said.
Fagbemi disclosed that more than 600 suspects would be tried during the current phase.
Providing a breakdown of the figures, he said, “For this phase, the ones we have today, we have about 490. Tomorrow we will have 84. But this 84 does not include the 102 we brought forward from the last phase.
“So in total, we have 600 plus to contend with for this phase, and we have been assured by the honourable judges that they will do their utmost to ensure that they clear this number for this phase.”
The mass trial forms part of the Federal Government’s efforts to prosecute individuals accused of terrorism, insurgency and related offences as part of a broader strategy to tackle insecurity across the country.
Meanwhile, two suspects were convicted and sentenced on Monday after pleading guilty to terrorism-related offences.
Justice Binta Nyako sentenced a 55-year-old farmer from Katara village in Borno State, Ali Mustapha, to 15 years imprisonment for concealing information about the activities of the Boko Haram sect.
The judge convicted him after he pleaded guilty to the charge.
Nyako, however, noted his claim that there were no government officials or security agencies in his remote community to whom he could have reported the activities.
She ordered that the 15-year jail term should take effect from 2013, when he was arrested and detained.
In a separate case, the judge sentenced Isa Isiaka, a father of 11 children and husband of two wives, to 20 years imprisonment for failing to disclose information about Boko Haram activities to the authorities.
Isiaka was convicted after admitting guilt to terrorism charges filed against him by the Attorney-General of the Federation.
Justice Nyako rejected his plea for leniency and sentenced him to 20 years imprisonment without an option of fine.
News
Don Proffers Solutions To Nigeria’s Refinery Challenges
A Professor of Chemical Engineering, at the Rivers State University Nkpolu/ Oroworukwu, Port Harcourt, has outlined scientific approaches that can help to solve Nigeria’s refinery problems and improve oil sector efficiency.
Prof. Kenneth Kekpugile Dagde, a professor of modeling and simulation of chemical processes at RSU, outlined his ideas during the school’s 133rd inaugural lecture last Wednesday.
The lecture, titled “Milking the cash cow: harnessing mathematical modelling and simulation for sustainable refinery operations in Nigeria,” was held at the university auditorium.
Dagde argued that mathematical modeling and simulation are now essential, not optional, for modern refineries and said that they are central to keeping operations stable and sustainable over time.
Despite Nigeria’s large oil and gas reserves, he noted the country still lacks capacity to refine enough fuel for local use. That gap forces heavy dependence on imported petroleum products.
According to him, refineries only become a real “cash cow” when managed through proper modeling, simulation, control, and optimization. Validated models, he said, help with design, day to day operation, troubleshooting, and overall optimization.
He stressed that the future of Nigeria’s refineries must be data-driven and digitally enabled. Process engineering backed by real data is what will make operations more reliable and efficient.
Dagde also listed the key problems hurting local refineries which include government interference, lack of autonomy, poor maintenance culture, politicians choosing turnaround maintenance contractors, and chronic feedstock shortages.
He explained that crude is exported, leaving refineries without feed. Without feed, equipment sits idle, becomes redundant, and starts failing and suggests that all refineries, public or private, should own oil blocks to secure steady crude supply.
He further recommended that Local refineries should build modeling, simulation, and advanced control into both design and operations. He also called for stronger collaboration between universities and industry, plus better training for engineers.
In his remarks, the Vice Chancellor, Prof. Isaac Zeb-Obipi, who was represented by the Deputy Vice Chancellor Administration, Prof. Blessing Jaja said the the lecture was thought-provoking.
He said that Nigeria had enough crude, but expressed disappointment that daily demand was not met.
News
NDLEA Nets N6.15bn From Hotel, Seized Assets Auction
The National Drug Law Enforcement Agency (NDLEA) says it realised N6.15bn from the auction of four properties seized from convicted drug traffickers and forfeited to the Federal Government through court orders.
The assets, including a six-floor hotel in Victoria Island, Lagos, were sold through a competitive bidding process conducted at the agency’s headquarters in Abuja.
Announcing the results of the auction, the Head of Asset Recovery and Management Unit of the Federal Ministry of Justice, Tamarantare Ali-Bozi, disclosed that four of the eight listed assets attracted successful bids above their reserved prices, while bids for the remaining four properties failed to meet the required valuation.
NDLEA, in a statement on Monday by the NDLEA spokesman, Femi Babafemi, stated that Ali-Bozi said Tope Ojo and Tunde Olonishakin Estate Firm emerged the successful bidder for the six-floor hotel in Victoria Island with an offer of N5.9bn.
He added that FSS Limited won a property located in Lekki Phase 1, Lagos, with a bid of N219.5m, while A-BNB Global Innovations Limited secured a block of flats in Ejigbo, Lagos, for N104m.
According to him, Fazeen Global Link Limited emerged as the winner of a property located in Akure, Ondo State, with a bid of N29.36m.
The NDLEA Chairman and Chief Executive Officer, Brig Gen Mohamed Buba Marwa (retd.), said the disposal of recovered assets was aimed at strengthening public confidence in the rule of law.
Represented by the agency’s Secretary, Shadrach Haruna, Marwa said, “Public auctions such as this serve a broader national purpose. Beyond generating revenue for the government, they reinforce public confidence in the rule of law, demonstrate accountability in the management of recovered assets, and send a clear message that criminal proceeds will not be allowed to remain in the hands of those who seek to profit from the misery and destruction caused by illicit drugs.”
He assured that the agency would continue to strengthen Nigeria’s asset recovery framework and ensure transparency in the disposal of recovered assets.
“The agency remains steadfast in its determination to strengthen Nigeria’s asset recovery framework and to ensure that recovered assets are managed and disposed of in a manner that is transparent, lawful and beneficial to the public interest,” Marwa said.
He added, “We shall continue to pursue drug traffickers, dismantle criminal networks, recover the proceeds of crime and uphold the rule of law without fear or favour.”
On the integrity of the auction process, the NDLEA boss said representatives of law enforcement agencies, regulatory bodies, civil society groups, the media, bidders and members of the public were invited to witness the exercise.
“To further enhance transparency and public confidence in the process, representatives of sister law enforcement and regulatory agencies, civil society organisations, the media, prospective bidders and members of the public have been invited to witness the bid-opening exercise,” he said.
Marwa explained that bids received for each asset were evaluated against approved reserve prices, adding that successful bidders emerged through an open and transparent process.
He further noted that the auction complied with the provisions of the Proceeds of Crime (Recovery and Management) Act, 2022, the Public Procurement Act, 2007, and other relevant regulations.
According to him, all assets offered for sale were professionally valued by the Federal Ministry of Housing and Urban Development, while extensive due diligence and security screening were conducted on auctioneers pre-qualified by the Bureau of Public Procurement.
“Furthermore, the agency undertook extensive due diligence and security screening of all auctioneers pre-qualified by the Bureau of Public Procurement.
“We are satisfied that none of the auctioneers engaged in this process has any known involvement in drug-related offences or any other criminal activity capable of compromising the objectives of the Proceeds of Crime (Recovery and Management) Act or the integrity of this exercise,” Marwa said.
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