The governments of New Jersey,
the United States and Nigeria have signed an agreement over an Abacha loot
worth over $308 million.
The money which was confiscated
was looted between 1993 and 1998 during the regime of late General Sani Abacha.
Read a joint statement issued:
On Monday, 3 February 2020,
the Government of Jersey, the Federal Republic of Nigeria and the Government of
the United States of America entered into an Asset Recovery Agreement to
repatriate over US$308 million of forfeited assets to Nigeria.
The funds were laundered
through the US banking system and then held in bank accounts in Jersey in the
name of Doraville Properties Corporation, a BVI company, and in the name of the
son of the former Head of State of Nigeria, General Sani Abacha. In 2014 a U.S.
Federal Court in Washington DC forfeited the money as property involved in the
illicit laundering of the proceeds of corruption arising in Nigeria during the
period from 1993 to 1998 when General Abacha was Head of State.
This case is a result of
extensive co-operation between the Jersey authorities, the Money Laundering and
Asset Recovery Section of the United States Department of Justice and the
Federal Bureau of Investigation, and the Federal Republic of Nigeria, with
crucial assistance from other governments around the world.
At the time the case was filed
as part of the U.S. Department of Justice’s Kleptocracy Asset Recovery
Initiative in 2013, it was the largest U.S. kleptocracy forfeiture action ever
commenced. In 2014 the Attorney General of Jersey applied for, and was granted,
a Property Restraint Order over the Jersey bank account balance of Doraville.
This was challenged in the Royal Court of Jersey and Court of Appeal, and an
application for permission to appeal to the Privy Council by Doraville was
refused. France and the United Kingdom restrained additional funds at U.S.
request.
General Abacha and his
associates stole and laundered many hundreds of millions of dollars of public
money during his military regime, doing vast harm to the futures of his own
people. The monies were laundered by his family, including his sons Ibrahim and
Mohammed, and a number of close associates. The laundering operation extended
to the United States and European jurisdictions such as the UK, France,
Germany, Switzerland, Lichtenstein and Luxembourg.
In 2018, Governments of the
Federal Republic of Nigeria, United States of America and the Bailiwick of
Jersey commenced the negotiation of the procedures for the repatriation,
transfer, disposition and management of the assets. The tripartite agreement
signed this week represents a major watershed in international cooperation in
asset recovery and repatriation, and will provide benefit to people throughout
Nigeria.
The projects on which the
funds will be expended will be administered by the Nigeria Sovereign Investment
Authority and independently audited. The Federal Republic of Nigeria will
establish a Monitoring Team to oversee the implementation of the projects and
to report regularly on progress. The Nigerian government, in consultation with
the other Parties, will also engage Civil Society Organisations, who have
expertise in substantial infrastructure projects, civil engineering,
anti-corruption compliance, anti-human trafficking compliance, and procurement
to provide additional monitoring and oversight.
The Solicitor General and
Attorney General designate of Jersey, Mark Temple QC, who signed the Agreement
on behalf of Jersey, commented:
“This Agreement represents
the culmination of two decades of intensive work by Law Officers in Jersey, the
United States and Nigeria. The return of the assets to Nigeria had been delayed
by a number of hard-fought challenges by third parties which were defeated in
the Courts in Jersey and the United States.
“The Agreement establishes
a framework based on fruitful co-operation, trust and respect so that the
forfeited funds can be repatriated to benefit the people of Nigeria, from whom
they had been taken. The use of the funds will be subject to monitoring and
reporting obligations.
“This is a very significant
achievement, and, once again, demonstrates Jersey’s commitment to tackling
international financial crime and money laundering.”
Jersey’s Minister for
External Relations, Senator Ian Gorst, said:
“Since becoming aware that
the alleged proceeds of Abacha corruption and money laundering had passed
through Jersey financial institutions, the Jersey authorities have done
everything within their power to investigate what happened and to return the
money to its rightful owners, the people of Nigeria.
“I would like to offer my
sincere thanks and appreciation to the dedicated team within the Law Officers’
Department, and their colleagues in United States and Nigeria. Their excellent
level of cooperation in the fight against corruption, at domestic and
international levels, should be an example for other jurisdictions to follow.
“As a leading international
finance centre with an effective and robust regulatory regime, Jersey has a
responsibility to firmly address any instances of alleged money laundering and
corruption. Our commitment to seeing these funds repatriated has led to a
positive outcome for the people of Nigeria, has established lasting
partnerships and given us a pioneering role in asset-recovery that is based on
the principles of national interest, trust and mutual respect.”
Deputy Assistant Attorney
Brian Benczkowski announced the agreement on behalf of the United States and
stated:
“The Department is pleased
to enter into this agreement with The Bailiwick of Jersey and the Federal
Republic of Nigeria to return this enormous amount of stolen funds for the
benefit of the people harmed by the corruption in Nigeria. Through the recovery
of these funds — and this mutual agreement — the people of Nigeria can see the
money they lost to corruption in flagrant disregard of the rule of law is
returned through a lawful process, and in a manner that ensures transparent and
accountable use of the funds. This is a major achievement. It also stands as a
clear statement of our commitment to safeguard the United States from those who
seek to launder the proceeds of corruption through the abuse of our financial
system.”
Mr. Abubakar Malami, SAN,
the Attorney General of the Federation and Minister of Justice, Nigeria who
signed on behalf of the Nigerian government noted that this agreement has
“culminated in a major victory, for Nigeria and other African countries as it
recognizes that crime does not pay and that it is important for the
international community to seek for ways to support sustainable development
through the recovery and repatriation of stolen assets.
He noted further that
“without the commitment of the three parties to the Agreement (Nigeria, Jersey
and the United States) and that of the legal experts and Attorneys representing
Nigeria, it would have been impossible to achieve the success recorded today.
Mr. Malami, also stated
that “As you are aware, the government of Nigeria has committed that the assets
will support and assist in expediting the construction of the three major
infrastructure projects across Nigeria – namely Lagos – Ibadan expressway,
Abuja – Kano express way and the second Niger bridge. These projects currently
been executed under the supervision of the Nigeria Sovereign Investment
Authority (NSIA) as a public private partnership (PPP) will boost economic
growth and help alleviate poverty by connecting people and supply chains from
the East to the West and to the Northern part of Nigeria, a vast area covering
several kilometers with millions of the country’s population set to benefit
from the road infrastructures.“
He urged for greater
cooperation and mutual respect amongst countries in the implementation of
expeditious cooperation measures already set out in the United Nations Convention
Against Corruption and in the implementation of the GFAR principles on the
repatriation of stolen assets.
He called for civil society
organizations and the Nigerian public to be involved in the monitoring of the
implementation of the key infrastructure projects that will greatly enhance
road transportation in Nigeria.
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