Socio-Economic Rights and Accountability Project (SERAP)
has sent an open letter to President Donald Trump requesting him to
demand from President Muhammadu Buhari the list of looters of
Nigeria’s money and ban them from entering US.
The organisation in a statement issued on Sunday urged President
Trump to demand “a comprehensive looters’ list and to exercise your
constitutional powers under the Presidential Proclamation 7750 to
instruct the US Secretary of State to temporarily ban those named
on the list and their family members from entering the US, pending
the final determination of the cases against them.”
President Buhari is expected to meet Trump this week.
The organization also urged President Trump to “use Presidential
Proclamation 7750 to ban those indicted for allegedly stealing some
public funds $2bn to buy 12 helicopters, four fighter jets and
ammunition meant for the fight against the terrorist group Boko
Haram. The imposition of temporary travel bans on senior public
officials and others complicit in grand corruption is a preventive
and not punitive measure.”
Presidential Proclamation of 2004 allows the US Department of
State to deny visas to corrupt foreign officials, their families
and friends.
In the letter dated 29 April 2018 and signed by SERAP executive
director Adetokunbo Mumuni the organization said: “Applying the
Presidential Proclamation 7750 would be very helpful to Nigeria’s
efforts to fight grand corruption and end entrenched culture of
impunity of perpetrators in the country. It would also facilitate
equivalent visa bans in other globally desirable locations as well.
Limiting the abilities of suspected kleptocrats, their families,
and friends to enter the US and enjoy their loot abroad will
provide a significant crimp in their lifestyles.”
According to SERAP, “Imposing targeted anti-corruption sanctions
against those accused of grand corruption in Nigeria would help to
deter corrupt behaviour by high-ranking public officials. Such
sanctions would not violate due process and presumption of
innocence principles, if the reasons for the sanctions are
communicated to those that may be affected. Also, the cases of
those found not guilty of corruption can be revisited, since the
proposed travel suspension would be temporary until the final
determination of their cases.”
The organization said Trump should “apply the Presidential
Proclamation 7750 as an instrument of foreign policy to promote
targeted anti-corruption sanctions in Nigeria, just as the US has
for many years applied targeted sanctions, including imposing
travel restrictions on or freezing the assets of those accused of
terrorism. Our request meets the requirements of Proclamation 7750
because grand corruption in Nigeria including the alleged stealing
of public funds meant to fight Boko Haram, has had serious adverse
effects on U.S. foreign assistance goals in the country and
undermined the stability of democratic institutions.”
The letter read in part: “Proactive initiatives to combat global
corruption have always been in the best long-term interests of the
US. Therefore, your application of targeted anti-corruption
sanctions would reaffirm US commitments to the global fight against
corruption, help to supplement Nigeria’s criminal justice system,
and be entirely consistent with the US obligations under the UN
Convention against Corruption. Nigeria has also ratified the
Convention. SERAP believes that pervasive corruption is at the
heart of the insecurity, under-development and extreme poverty in
the country.”
“SERAP hopes that you will exercise your constitutional powers
to promote transparency and accountability and reduce corruption in
Nigeria. Presidential Proclamation 7750 of January 12, 2004
underscores the importance of legitimate and transparent public
institutions to world stability, peace, and development.”
“The Proclamation notes the serious negative effects that
corruption in countries like Nigeria has on the United States
efforts to promote security and to strengthen democratic
institutions and free market systems and reiterates the importance
to the United States and the international community of fighting
corruption.”
“Significantly, Proclamation 7750 underscores that it is in the
interests of the United States to act to restrict the international
travel and to suspend the entry into the United States, as
immigrants or non-immigrants, of certain persons who have
committed, participated in, or are beneficiaries of corruption in
the performance of public functions. Section 5 provides that,
‘Nothing in this proclamation shall be construed to derogate from
United States Government obligations under applicable international
agreements.’”
“SERAP notes that Presidential Proclamation was made pursuant to
the Constitution and the laws of the US, including section 212(f)
of the Immigration and Nationality Act of 1952. Section 1 allows
suspension of the entry into the US, as immigrants or
non-immigrants of public officials or former public officials
accused of grand corruption, which has or had serious adverse
effects on the national interests of the United States. It also
covers the family members and friends of such public officials who
are beneficiaries of the proceeds of corruption.”
“SERAP notes that the Nigerian government in 2016 published
details of the recoveries, which showed that the Nigerian
government successfully retrieved total cash amount
N78,325,354,631.82, $185,119,584.61, £3,508,355.46 and €11, 250
between May 29, 2015 and May 25, 2016. Also released were
recoveries under interim forfeiture, which were a combination of
cash and assets, during the same period: N126,563,481,095.43,
$9,090,243,920.15, £2,484,447.55 and €303,399.17.”
“But the publication of the recoveries failed to disclose the
names of high-level public officials, politicians and others from
whom the funds were discovered. Consequently, in July 2017 Hon
Justice Hadiza Rabiu Shagari following a Freedom of Information
suit number: FHC/CS/964/2016 ordered the Nigerian government to
widely disseminate including on a dedicated website information
about the names of high ranking public officials from whom public
funds were recovered since May 2015 and to disclose the
circumstances under which funds were returned.”
“The Attorney General of the Federation and Minister of Justice
Mr Abubakar Malami SAN publicly said that government agreed with
the ruling and would carry out the order. However, the Nigerian
government only recently published alleged looters’ list. Even
then, the list is not comprehensive and would appear lopsided.”
Socio-Economic Rights and Accountability Project (SERAP)
has sent an open letter to President Donald Trump requesting him to
demand from President Muhammadu Buhari the list of looters of
Nigeria’s money and ban them from entering US.
The organisation in a statement issued on Sunday urged President
Trump to demand “a comprehensive looters’ list and to exercise your
constitutional powers under the Presidential Proclamation 7750 to
instruct the US Secretary of State to temporarily ban those named
on the list and their family members from entering the US, pending
the final determination of the cases against them.”
President Buhari is expected to meet Trump this week.
The organization also urged President Trump to “use Presidential
Proclamation 7750 to ban those indicted for allegedly stealing some
public funds $2bn to buy 12 helicopters, four fighter jets and
ammunition meant for the fight against the terrorist group Boko
Haram. The imposition of temporary travel bans on senior public
officials and others complicit in grand corruption is a preventive
and not punitive measure.”
Presidential Proclamation of 2004 allows the US Department of
State to deny visas to corrupt foreign officials, their families
and friends.
In the letter dated 29 April 2018 and signed by SERAP executive
director Adetokunbo Mumuni the organization said: “Applying the
Presidential Proclamation 7750 would be very helpful to Nigeria’s
efforts to fight grand corruption and end entrenched culture of
impunity of perpetrators in the country. It would also facilitate
equivalent visa bans in other globally desirable locations as well.
Limiting the abilities of suspected kleptocrats, their families,
and friends to enter the US and enjoy their loot abroad will
provide a significant crimp in their lifestyles.”
According to SERAP, “Imposing targeted anti-corruption sanctions
against those accused of grand corruption in Nigeria would help to
deter corrupt behaviour by high-ranking public officials. Such
sanctions would not violate due process and presumption of
innocence principles, if the reasons for the sanctions are
communicated to those that may be affected. Also, the cases of
those found not guilty of corruption can be revisited, since the
proposed travel suspension would be temporary until the final
determination of their cases.”
The organization said Trump should “apply the Presidential
Proclamation 7750 as an instrument of foreign policy to promote
targeted anti-corruption sanctions in Nigeria, just as the US has
for many years applied targeted sanctions, including imposing
travel restrictions on or freezing the assets of those accused of
terrorism. Our request meets the requirements of Proclamation 7750
because grand corruption in Nigeria including the alleged stealing
of public funds meant to fight Boko Haram, has had serious adverse
effects on U.S. foreign assistance goals in the country and
undermined the stability of democratic institutions.”
The letter read in part: “Proactive initiatives to combat global
corruption have always been in the best long-term interests of the
US. Therefore, your application of targeted anti-corruption
sanctions would reaffirm US commitments to the global fight against
corruption, help to supplement Nigeria’s criminal justice system,
and be entirely consistent with the US obligations under the UN
Convention against Corruption. Nigeria has also ratified the
Convention. SERAP believes that pervasive corruption is at the
heart of the insecurity, under-development and extreme poverty in
the country.”
“SERAP hopes that you will exercise your constitutional powers
to promote transparency and accountability and reduce corruption in
Nigeria. Presidential Proclamation 7750 of January 12, 2004
underscores the importance of legitimate and transparent public
institutions to world stability, peace, and development.”
“The Proclamation notes the serious negative effects that
corruption in countries like Nigeria has on the United States
efforts to promote security and to strengthen democratic
institutions and free market systems and reiterates the importance
to the United States and the international community of fighting
corruption.”
“Significantly, Proclamation 7750 underscores that it is in the
interests of the United States to act to restrict the international
travel and to suspend the entry into the United States, as
immigrants or non-immigrants, of certain persons who have
committed, participated in, or are beneficiaries of corruption in
the performance of public functions. Section 5 provides that,
‘Nothing in this proclamation shall be construed to derogate from
United States Government obligations under applicable international
agreements.’”
“SERAP notes that Presidential Proclamation was made pursuant to
the Constitution and the laws of the US, including section 212(f)
of the Immigration and Nationality Act of 1952. Section 1 allows
suspension of the entry into the US, as immigrants or
non-immigrants of public officials or former public officials
accused of grand corruption, which has or had serious adverse
effects on the national interests of the United States. It also
covers the family members and friends of such public officials who
are beneficiaries of the proceeds of corruption.”
“SERAP notes that the Nigerian government in 2016 published
details of the recoveries, which showed that the Nigerian
government successfully retrieved total cash amount
N78,325,354,631.82, $185,119,584.61, £3,508,355.46 and €11, 250
between May 29, 2015 and May 25, 2016. Also released were
recoveries under interim forfeiture, which were a combination of
cash and assets, during the same period: N126,563,481,095.43,
$9,090,243,920.15, £2,484,447.55 and €303,399.17.”
“But the publication of the recoveries failed to disclose the
names of high-level public officials, politicians and others from
whom the funds were discovered. Consequently, in July 2017 Hon
Justice Hadiza Rabiu Shagari following a Freedom of Information
suit number: FHC/CS/964/2016 ordered the Nigerian government to
widely disseminate including on a dedicated website information
about the names of high ranking public officials from whom public
funds were recovered since May 2015 and to disclose the
circumstances under which funds were returned.”
“The Attorney General of the Federation and Minister of Justice
Mr Abubakar Malami SAN publicly said that government agreed with
the ruling and would carry out the order. However, the Nigerian
government only recently published alleged looters’ list. Even
then, the list is not comprehensive and would appear lopsided.”
Read more https://nairalaw.com/serap-to-trump-demand-looters-list-from-buhari-ban-suspects-from-us/