Seven months after a Federal High Court sitting in Lagos ordered
the Federal Government to release to Nigerians the list of public
officials from whom public funds had been recovered, the list has
yet to be released by the authorities.
Justice Hadiza Shagari had on July 6, 2017, in her judgment in a
suit filed by the Socio-Economic Rights and Accountability Project,
directed the Federal Government to “immediately” release the names
of the officials, the circumstances under which the funds were
recovered and the exact amount recovered from each public
official.
While responding to the judgment, the Attorney-General of the
Federation and Minister of Justice, Abubakar Malami, had said the
government would publish the names of the looters, in compliance
with the court order, noting that the Federal Government totally
agreed with the ruling.
The Federal Government had on June 4, 2016, through the Minister
of Information and Culture, Alhaji Lai Mohammed, disclosed that it
had recovered cash sums of N78,325,354,631.82, $185,119,584.61,
£3,508,355.46 and €11,250 between May 29, 2015, and May 25, 2016.
He added that the assets and cash seized under interim forfeiture
totalled $9bn, N126bn, £2.4m and €303,399.
And on October 12, 2017, the acting Chairman of EFCC, Ibrahim
Magu, said at a forum that the cash recovered through the
whistleblower policy had risen to over N30bn, in different foreign
currencies.
Meanwhile, the refusal to release the list or obey the court
judgment was preceded by the promise voluntarily made in December
2015 by the President when he said he would unveil the names of the
looters. He had said the only thing stopping the Central Bank of
Nigeria from releasing the list at that time was to avoid
jeopardising investigations and further recoveries.
He also reiterated the promise in May 2016 at an anti-corruption
summit in London that he would give a comprehensive report on the
loot recovered on May 29, 2016 – Democracy Day, which he failed to
do.
And till date, the names of the looters have yet to be
released.
Speaking on the protracted delay, the Executive Director, SERAP,
Adetokunbo Mumuni, said the refusal of the Buhari-led
administration to make the list public, as directed by the court,
had called into the question the much-touted integrity of the
administration.
He said, “Once you make a promise, you should fulfil it. They
said they would fight corruption, judgement was obtained to help
you to fight corruption, yet you are not obeying the court order,
it questions your integrity and sincerity as a government. This
government is not doing what it promised.”
Also, the President of Campaign for Democracy, Mr. Bako Abdul
Usman, described as unfortunate the way the present administration
had been flouting court orders, saying even though the African
Union made the President the model of anti-corruption fight in
Africa, that “does not really hold water back home when looking at
the nitty-gritty.”
He added, “If that list is released today, people within the
circle of the President would be part and parcel of it. That is why
there is a constraint in releasing the list. Impunity,
high-handedness and corrupt practices are easy to come by in this
administration.”
A legal practitioner and public affairs analyst, Liborous
Oshoma, said a government that won an election on account of its
promise to be transparent didn’t have to be compelled by the court
to name and shame looters, stressing that the excuses it gave had
already made it another round of propaganda.
He noted that the reluctance to release the list could be
because the government bloated the amount it recovered, making it
difficult to put names to the figures. He explained that it would
be an investment in uncertainty to expect the government to release
the names before the next general elections because it might need
the influence and monetary contribution of some of the looters.
He added, “Do they (government) also need a legal paperwork to
release the names of those that owned up voluntarily, not due to
their conscience but because it was either obvious or government
was closing in on them? To serve as deterrence to others, shouldn’t
a transparent government release those names.
“Now that elections are here, these (looters) are the same
people they would go back to source money from. So, if anybody
believes that the government would name and shame those looters
before the election, the person must be joking, because some
alleged criminals would even be embraced because of their money and
influence, especially when you have desperation for a second
term.”
But when asked when the names would be released as he promised
in July 2017, the AGF said a committee set up by the President was
still auditing the list of the looters.
In a text message he sent as a response to our reporter’s
inquiry, he said, “Audit work is in progress by a committee put in
place by the President.”
Culled From Punch
Seven months after a Federal High Court sitting in Lagos ordered
the Federal Government to release to Nigerians the list of public
officials from whom public funds had been recovered, the list has
yet to be released by the authorities.
Justice Hadiza Shagari had on July 6, 2017, in her judgment in a
suit filed by the Socio-Economic Rights and Accountability Project,
directed the Federal Government to “immediately” release the names
of the officials, the circumstances under which the funds were
recovered and the exact amount recovered from each public
official.
While responding to the judgment, the Attorney-General of the
Federation and Minister of Justice, Abubakar Malami, had said the
government would publish the names of the looters, in compliance
with the court order, noting that the Federal Government totally
agreed with the ruling.
The Federal Government had on June 4, 2016, through the Minister
of Information and Culture, Alhaji Lai Mohammed, disclosed that it
had recovered cash sums of N78,325,354,631.82, $185,119,584.61,
£3,508,355.46 and €11,250 between May 29, 2015, and May 25, 2016.
He added that the assets and cash seized under interim forfeiture
totalled $9bn, N126bn, £2.4m and €303,399.
And on October 12, 2017, the acting Chairman of EFCC, Ibrahim
Magu, said at a forum that the cash recovered through the
whistleblower policy had risen to over N30bn, in different foreign
currencies.
Meanwhile, the refusal to release the list or obey the court
judgment was preceded by the promise voluntarily made in December
2015 by the President when he said he would unveil the names of the
looters. He had said the only thing stopping the Central Bank of
Nigeria from releasing the list at that time was to avoid
jeopardising investigations and further recoveries.
He also reiterated the promise in May 2016 at an anti-corruption
summit in London that he would give a comprehensive report on the
loot recovered on May 29, 2016 – Democracy Day, which he failed to
do.
And till date, the names of the looters have yet to be
released.
Speaking on the protracted delay, the Executive Director, SERAP,
Adetokunbo Mumuni, said the refusal of the Buhari-led
administration to make the list public, as directed by the court,
had called into the question the much-touted integrity of the
administration.
He said, “Once you make a promise, you should fulfil it. They
said they would fight corruption, judgement was obtained to help
you to fight corruption, yet you are not obeying the court order,
it questions your integrity and sincerity as a government. This
government is not doing what it promised.”
Also, the President of Campaign for Democracy, Mr. Bako Abdul
Usman, described as unfortunate the way the present administration
had been flouting court orders, saying even though the African
Union made the President the model of anti-corruption fight in
Africa, that “does not really hold water back home when looking at
the nitty-gritty.”
He added, “If that list is released today, people within the
circle of the President would be part and parcel of it. That is why
there is a constraint in releasing the list. Impunity,
high-handedness and corrupt practices are easy to come by in this
administration.”
A legal practitioner and public affairs analyst, Liborous
Oshoma, said a government that won an election on account of its
promise to be transparent didn’t have to be compelled by the court
to name and shame looters, stressing that the excuses it gave had
already made it another round of propaganda.
He noted that the reluctance to release the list could be
because the government bloated the amount it recovered, making it
difficult to put names to the figures. He explained that it would
be an investment in uncertainty to expect the government to release
the names before the next general elections because it might need
the influence and monetary contribution of some of the looters.
He added, “Do they (government) also need a legal paperwork to
release the names of those that owned up voluntarily, not due to
their conscience but because it was either obvious or government
was closing in on them? To serve as deterrence to others, shouldn’t
a transparent government release those names.
“Now that elections are here, these (looters) are the same
people they would go back to source money from. So, if anybody
believes that the government would name and shame those looters
before the election, the person must be joking, because some
alleged criminals would even be embraced because of their money and
influence, especially when you have desperation for a second
term.”
But when asked when the names would be released as he promised
in July 2017, the AGF said a committee set up by the President was
still auditing the list of the looters.
In a text message he sent as a response to our reporter’s
inquiry, he said, “Audit work is in progress by a committee put in
place by the President.”
Culled From Punch
Read more https://nairalaw.com/seven-months-after-fg-fails-to-release-looters-list/