Opinion
Where Are The Recovered Funds?
The story of recovered looted funds is no longer new in Nigeria. At various stages, huge amounts have been announced as either stolen, looted or recovered. During the immediate past regime of President Goodluck Jonathan, humongous sums were reportedly recovered , especially from the Abacha stash.
As he was canvassing for electorate’s vote in 2015, President Muhammadu Buhari made the issue of looted funds a campaign point , promising to make known any amount recovered and the culprits.
In line with that promise , one year into his regime, the Federal Government announced the recovery of a whopping sum of N3.4 trillion in cash and assets from looters in the country in one year.
Subsequently, there has been other looted fund recoveries from political office holders and other top personalities in the country. Just a few weeks ago , the Minister of Information and Culture, Alhaji Lai Mohammed , disclosed that the sum of $151 million and N8 billion looted funds were recovered from three sources through the whistle blowing policy recently introduced by the Ministry of Finance. That excludes the $9.2 million cash recently recovered from a former General Managing Director of NNPC, Andrew Yakubu.
The sweeping recoveries that the Economic and Financial Crimes Commission (EFCC) claims to have been making since the introduction of the whistle-blowing policy is mind- blowing.
To think that such reckless stealing has been going on in a country that claims to have laws and order, yet there is hardly any successful prosecution, not to talk of conviction, is simply incredible. In other civilized clime, many of the culprits would have been facing the wrath of the law by now.
But ours is a country where conscienceless opportunistic elite after stealing the states and the nation blind are welcomed with parties and state banquets. Ours is a nation where you can amass a lot of wealth by exploiting the power conferred on you by your office and you will be applauded, whereas an ordinary person caught stealing a goat spends years in prison. Let’s leave the discussion on this gross injustice for another day and come back to the issue of the claimed recovered funds.
However, one finds it a bit worrisome that despite the huge sums said to have been recovered, the economy of the country is still in a very bad shape; poverty continues to ravage the land. We still hear the Federal Government seeking loans from international lenders including the World Bank and the African Development Bank to meet budget shortfalls and fund badly needed infrastructural projects.
One must not be an expert in economics to reason that if you claim to have over 3.4 trillion naira, there is no justification for borrowing 2.2 trillion, an amount far below what you have.
The question then is, where are the recovered funds? Is the recovery a mere propaganda as many people have insinuated? Last year, the Chairman, Presidential Advisory Committee Against Corruption, Prof Itse Sagay disclosed that despite recovering stolen Nigerian money, President Buhari might not be able to spend the monies on urgent needs of the country until all legal bottlenecks surrounding the recovered funds are permanently resolved.
How long will it take for these bottlenecks to be sorted out? Eternity? The truth is that Nigerians legitimately deserve to know how the Federal Government had spent or intends to spend the recovered monies.
Should the government have sufficient reasons not to plough the recovered loot into the budget as has been severally suggested , why not invest it in non-oil revenue generating sectors of the economy, particularly the agricultural and solid mineral sectors, which are the key areas needed to drive the economy and create jobs for the teeming populace?
Today, Nigeria has become a dumping ground for all kinds of edible commodities from all parts of the world, including packaged garri from India. I’m sure the $9.2 million recovered from Yakubu can turn around the agriculture sector and save us from this shame.
What about building world class hospitals, equipping our schools, empowering small scale industries with part of the recovered loots? Certainly, the power sector will witness a massive improvement if a reasonable percentage of these monies is genuinely invested in it. Indeed the recovered fund is enough to revamp the economy if properly and sincerely utilized.
Apart from using the recovered funds to turn things around in the country, one thinks it is high time the government began the arduous task of putting in place institutional frameworks that will discourage corruption.
Andrew Yakubu said the $9.2m found in his house came as gifts from people. Painfully, that might be true because the system made it possible.
I allign with some analysts who say that corruption will always thrive in a system that deliberately prices essential , scarce commodities like petroleum products below market prices. The mess currently going on with the CBN forex policy will also soon explode by the fullness of time. The operators know that the system is faulty and they are happily manipulating it.
Most importantly, as long as those involved in the primitive, mindless looting of the treasury continue to go scot- free, we will continue to have more of such looting and the country will go down for it .
Calista Ezeaku
About six years ago, my client, a UK-based Nigerian widow, became the target of an audacious scheme orchestrated by a notorious syndicate of land grabbers operating under the guise of a land owning family in Ikeja, Lagos. Their objective was clear: to dispossess her of her rightful ownership of three plots of land situated behind the former Tasty Fried Chicken building on Opebi Road, Ikeja. In a disturbing abuse of judicial process, these individuals approached a Magistrate Court then at Ikeja Local Airport, and by misrepresentation and fraudulent manipulation, secured a writ of possession against my client. It appeared their strategy was anchored on the assumption that the rightful owner was deceased. However, unknown to them, my client was very much alive, she only passed on last year.
Following this fraudulent judgment, the land grabbers, aided by a lawyer with an infamous reputation in the Ikeja axis for such sharp practices, took swift and forceful possession of the land. They began advertising the property to prospective buyers, offering each plot for several millions of naira. Upon being alerted by my client’s tenants, I conducted a search and discovered that the defendants had surreptitiously instituted the action using one of their own as the purported adverse party, who did not contest possession. Realising the magnitude of the fraud, I promptly secured my client’s Certificate of Occupancy and filed an application for joinder and a motion to set aside the judgment, backed by robust documentary evidence and affidavits deposing to the true facts.
The defendants, in a desperate and laughable defence, relied on a purported judgment allegedly delivered in the 1920s, claiming global ownership of lands stretching from Ikeja to Agege. When pressed to produce a survey plan or other definitive means of delineating the land covered by such a judgment, they failed woefully. The supposed plan was neither attached nor frontloaded.Fortunately, the presiding Magistrate, a sharp, fearless, and principled judicial officer saw through the deception and set aside the judgment accordingly.
What followed was a calculated legal standoff. After some days passed, I anticipated that the defendants would file a notice of appeal along with a motion for stay of execution, I acted strategically: by 8:00 a.m. of that day, possession had been recovered, effectively foreclosing their efforts to frustrate justice. They served their notice of appeal and motion for stay by 9:00am as I had anticipated.
Predictably, they resorted to harassment by filing a spurious petition at the Lagos State Police Command, alleging trespass. When that failed, they escalated the matter to the Assistant Inspector General of Police at Zone 2, Onikan. However, following a comprehensive review of all court documents and the title records, the Assistant Commissioner of Police, an officer of commendable integrity, sternly warned the fraudulent parties and their counsel never to return with such frivolous claims. He also threatened legal consequences for presenting forged or misleading documents. Regrettably, such land-grabbing tactics are far from isolated. I am presently handling another similar matter at the High Court of Lagos State, Ikeja Judicial Division. In this case, a property owner based in Jos, who has been in undisturbed possession of his land since before the Nigerian Civil War, was excluded from a suit for possession. The Plaintiffs falsely claimed adverse possession and obtained judgment using a family member as a nominal defendant. This is a land that had been returned to the owner (my client) by the Lagos State Government post-war, after a temporary wartime acquisition.
That matter is ongoing, and we remain confident that justice will again prevail. These cases serve as stark reminders of how certain individuals exploit procedural loopholes, such as substituted service and fictitious defendants, to perpetrate judicial fraud. It is common practice for notices of service to be pasted at the premises at odd hours, quickly photographed, and removed before anyone notices, thereby fabricating compliance with due process. This modus operandi, if not checked, undermines the integrity of our justice system. It may very well explain the plight Mr. Peter Obi’s brother, whose reported dispossession, despite a valid Certificate of Occupancy and long-standing possession, calls for judicial scrutiny and legal redress. While the wheels of justice may turn slowly, they remain capable of grinding exceedingly fine, provided legal practitioners act with diligence, and judicial officers remain vigilant and impartial.
There is a compelling need to amend our procedural rules regarding the use of unnamed or unknown persons as defendants in land litigation. Courts, both at High Court and Magistrate level – should be mandated to conduct locus in quo inspections where defendants are purportedly unknown or where substituted service is claimed. Such reforms will deter fraudulent practices and restore public confidence in the judiciary.In conclusion, let it be reaffirmed: the Nigerian legal system, though imperfect, is still a formidable instrument for the protection of property rights when wielded with integrity, precision, and tenacity.
Ubani, is a legal practitioner and public affairs analyst, Legal Advisor of Assemblies of God, Nigeria.
By: Monday Onyekachi Ubani
As the National Agency for Food and Drug Administration and Control (NAFDAC), contemplates banning the production, distribution and consumption of sachet alcoholic beverages across Nigeria, the move has raised mixed reactions among Nigerians and interest groups. According to NAFDAC the proliferation of sachet alcoholic beverages has been linked to abusive usage resulting in increased health complications, and drunk driving that causes road accidents. The Federal Road Safety Commission (FRSC) corroborates some of NAFDAC’s claims. FRSC records show that the 10,617 road accidents recorded in 2023 were due mostly to over speeding and drunk driving.
It is noteworthy that the availability of alcohol in less than 200ml PET bottles and in sachets, makes alcohol quickly consumable even during work hours. Without standardised packaging and regulatory labelling compliances, most of these sachet products are unregistered, come with questionable contents and form the bulk of illicit alcohol. Though lesser in volume, their high alcohol concentrations makes them highly intoxicating. Their ready availability at motor-parks, increase over-indulgence by commercial drivers, most of whom thereafter mount the wheels on low mental alertness.
Alcohol is known to reduce mental acuity and consciousness of the mind. Endowing its addicts with elixir feelings that momentarily blur reality, the alcohol effect additionally boosts self-rating and confidence, placing addicts on realms of happy possibilities where almost every dream is attainable, even if unrealistically. By the time the effect wanes addicts are known to be sad to face stark reality, which is why most are prone to retaking repeated doses to shoot themselves back to the fantasy world. Such fantasy is also the reason many youths and adults would rather invest daily in game-betting gambles than invest in micro innovations that guarantee real economic advancements.
The dawn of neo-medicinal alcohol being marketed in sachets as herbal remedies for organ cleansing, aphrodisiacs, anti- malarial and diabetes cures, is drawing increasing patronage from gullible Nigerians, even as these claims remain medically questionable. Following the rising patronage, all shades of manufacturing quackery are currently cashing-out from the market. Because of the harmful health effects of quack products, it is no wonder that sicknesses relating to organ-damage and male impotency are on the increase. Apart from drunk-driving and the health risks posed by over-indulgence in alcohols, the precious time wasted by addicts in unproductive day-dreams, which should have been deployed to meaningful economic ventures, is also a concern. In times of economic difficulties, as presently facing many Nigerians, there is need for mental clarity to enable one articulate ways out of hardships.
These outcomes may have informed NAFDAC’s decision to pursue banning easily consumable volumes of alcohol. If the ban becomes successful, those who like alcoholic drinks would still enjoy them by taking bigger packs which are low in concentration. Bigger bottles are likely to be consumed at leisure times after work due to their sizes. At that point, most consumers must have spent a productive day, yet have time to enjoy some booze. NAFDAC’s decision to ban unhealthy, anti-productive alcohol packs should therefore be encouraged. It is however, unfortunate that even as NAFDAC had set a long-term goal to achieve the ban, from as far back as 2018, through the then Minister of Health, Prof. Isaac Folorunsho Adewole, and had engaged manufacturers on a five-year phase-out plan, the ban has failed to materialise. This is despite the signing of a five-year moratorium document between the Distillers and Blenders Association of Nigeria (DIBAN) and the Association of Food and Beverage & Tobacco Employers (AFBTE) on one hand, and the Ministry of Health, NAFDAC and the Federal Competition and Consumer Protection Commission (ECCPC), on the other.
Recall that same year, the minister had out-rightly banned over-the counter use of codeine syrups following a BBC documentary on the consequences of its abusive use in Nigeria. NAFDAC’s inability to check the indiscriminate use of sachet alcohol years after the expiration of the signed moratorium highlights how vested interests may stifle good institutional objectives. It becomes worrisome when the pressure on NAFDAC to shelve the ban on harmful alcohol is coming through a hallowed institution, like the House of Representatives. NAFDAC had swiftly introduced the ban on February 1, 2024 after the expiration of the five-year moratorium. But no sooner had the House come upon it to lift the ban. At the moment, the ban stands temporarily lifted till December 2025 even as lobbies intensify.
For the house to claim that “the ban was ill-timed because of the current economic conditions, staggering unemployment, soaring inflation and high rate of poverty,” it raises many questions about the rationale of members of the house, considering the correlation between alcohol addiction and the inability to exit poverty. Members of the legislature should be from the finest minds who go for the sublime. Why would members of the House choose to endorse a situation that is currently ensnaring many into addiction and anti-social behaviours, than safeguard societal sanity? Even as members of the house argue that sachet alcohol sales is sustaining some micro businesses, the anti-social behaviour and health risks engendered by such sales out-weigh any derivable economic benefits.
Opponents of the ban who support the house may also argue that the ban targets low-income earners who patronise sachet products due to affordability, and may further point out that substitutes of other herbal/alcoholic concoctions being marketed as health remedies are available through unregulated markets. Bowing to such arguments would mean that NAFDAC should choose a defeatist position, wherein it has been overwhelmed at discharging its core mandate of safeguarding the health of the nation. As NAFDAC mediates through legislative challenges and lobby groups, members of the executive should bear on the assembly to allow the institution pursue its core goals. Not doing so would be to build a nation of drunkards, where lunatics roam the streets.
By: Joseph Nwankwor