*Says International Recoveries Governed By Mutual Legal
Treaties Not Domestic Laws
![image](/2021/07/Justice-Ejembi-Eko-1.jpg")
![image](/2021/08/lawp.jpg")
Nigeria’s Attorney-General of the Federation and Minister of
Justice, Abubakar Malami has reacted to a lawsuit filed by 36 state
Attorney-generals over the government’s failure to remit funds into
the federal account.
![image](/2021/07/escrow-service1.jpg")
They also prayed the court to declare that “it is
unconstitutional for the President, through the federal Minister of
Finance, the AGF, or any other authority whatsoever, to utilise,
apply, allocate, expend and appropriate same to itself or
distribute same in any other manner howsoever without due
allocation from the federation.”
They declared that all the assets recovered from 2015 till date
have not been remitted as required by the Constitution.
The suit marked, SC/CV/395/2021, is before the Supreme Court and
seeking “a declaration that by the provisions of Section 162(1) and
Section 162(10) of the Constitution of the Federal Republic of
Nigeria 1999 (as amended), all income, returns, proceeds or
receipts howsoever described derived from confiscated, forfeited
and/or recovered assets constitute revenue of the Federal Republic
of Nigeria, which must be remitted to federation account for the
collective benefit of the federal, state and local
governments.”
According to a statement signed by his media aide, Umar Gwandu,
the AGF argued that international recoveries are governed by
“Conflict of laws” principles and not local legislation given
multiple sovereignties involved.
It said, “International recoveries are more or less governed by
international conventions, negotiations, and agreement of parties.
It is never a straightjacket application of local legislation.
“Revenue Mobilization and Fiscal Commission Act has nothing
specific on funds recovered from indicted public officers. It
merely mentions accruals and disbursement of revenue from the
Federation Account. So questions of recovery of stolen funds from
indicted public officers are appropriately dealt with by other
relevant laws.
“It is, therefore, misleading to give the impression that such
recoveries and usage of stolen funds and stashed abroad are
provided for by the Revenue Mobilization, Allocation and Fiscal
Commission Act.
“One cannot situate rights and entitlements on looted funds and
recovered assets with myopic and narrow understating of concepts of
the application of local legislations.
“For the avoidance of doubt and the purpose of setting the
record straight, the application of the looted funds can only be
factored within the context of mutual understanding and
negotiations of international and multifaceted jurisdictional and
territorial legislative issues.
“The recovery of stolen assets and the subsequent uses to which
these funds may be employed are subject to international agreements
between Nigeria and the affected countries, thereby bringing the
conflict of laws into contemplation.”
The statement continued, “Importantly also, these repatriated
funds are based on cooperation and mutual assistance agreements,
especially the United Nations Convention against Corruption and
Implementation of the Global Forum on Asset Recovery (GFAR)
Principles on the Repatriation of Stolen Assets. The African Union
and the ECOWAS Protocols on recovery of illicit funds are equally
relevant when it comes to the role of Nigeria in relation to its
other partners.
“As a member of the committee of nations and a respectable
international partner, Nigeria must always strive to fulfill its
international commitments in the repatriation and use of stolen
funds and assets.
“By way of example, the Federal Government of Nigeria has
entered into numerous agreements such as the one with the United
States and the Island of Jersey in 2020 and including with other
countries around the world. Where the agreements assume an
international character, the specifics of the agreement often
dictate the trajectory of recovery, sharing, transfer, and
implementation.
“Some element misunderstood the issue of international
recoveries and locally generated funds in relation to monies
belonging to the Federal Government that are locally generated. It
is not to be confused with stolen funds and assets domiciled in
foreign jurisdictions whose recovery and subsequent repatriation
are based on international legal arrangements between the Federal
Republic of Nigeria and the foreign custodians of these funds.
“It needs to be further noted that even recoveries of local
assets are in most cases regulated by the applicable legislation
and judicial pronouncements associated with this legislation and
not Revenue Mobilization and Fiscal Commission Act exclusively. One
can cite for the purpose of clarity recoveries done by the NDLEA,
EFCC, ICPC among others.”
*Says International Recoveries Governed By Mutual Legal
Treaties Not Domestic Laws
Nigeria’s Attorney-General of the Federation and Minister of
Justice, Abubakar Malami has reacted to a lawsuit filed by 36 state
Attorney-generals over the government’s failure to remit funds into
the federal account.
They also prayed the court to declare that “it is
unconstitutional for the President, through the federal Minister of
Finance, the AGF, or any other authority whatsoever, to utilise,
apply, allocate, expend and appropriate same to itself or
distribute same in any other manner howsoever without due
allocation from the federation.”
They declared that all the assets recovered from 2015 till date
have not been remitted as required by the Constitution.
The suit marked, SC/CV/395/2021, is before the Supreme Court and
seeking “a declaration that by the provisions of Section 162(1) and
Section 162(10) of the Constitution of the Federal Republic of
Nigeria 1999 (as amended), all income, returns, proceeds or
receipts howsoever described derived from confiscated, forfeited
and/or recovered assets constitute revenue of the Federal Republic
of Nigeria, which must be remitted to federation account for the
collective benefit of the federal, state and local
governments.”
According to a statement signed by his media aide, Umar Gwandu,
the AGF argued that international recoveries are governed by
“Conflict of laws” principles and not local legislation given
multiple sovereignties involved.
It said, “International recoveries are more or less governed by
international conventions, negotiations, and agreement of parties.
It is never a straightjacket application of local legislation.
“Revenue Mobilization and Fiscal Commission Act has nothing
specific on funds recovered from indicted public officers. It
merely mentions accruals and disbursement of revenue from the
Federation Account. So questions of recovery of stolen funds from
indicted public officers are appropriately dealt with by other
relevant laws.
“It is, therefore, misleading to give the impression that such
recoveries and usage of stolen funds and stashed abroad are
provided for by the Revenue Mobilization, Allocation and Fiscal
Commission Act.
“One cannot situate rights and entitlements on looted funds and
recovered assets with myopic and narrow understating of concepts of
the application of local legislations.
“For the avoidance of doubt and the purpose of setting the
record straight, the application of the looted funds can only be
factored within the context of mutual understanding and
negotiations of international and multifaceted jurisdictional and
territorial legislative issues.
“The recovery of stolen assets and the subsequent uses to which
these funds may be employed are subject to international agreements
between Nigeria and the affected countries, thereby bringing the
conflict of laws into contemplation.”
The statement continued, “Importantly also, these repatriated
funds are based on cooperation and mutual assistance agreements,
especially the United Nations Convention against Corruption and
Implementation of the Global Forum on Asset Recovery (GFAR)
Principles on the Repatriation of Stolen Assets. The African Union
and the ECOWAS Protocols on recovery of illicit funds are equally
relevant when it comes to the role of Nigeria in relation to its
other partners.
“As a member of the committee of nations and a respectable
international partner, Nigeria must always strive to fulfill its
international commitments in the repatriation and use of stolen
funds and assets.
“By way of example, the Federal Government of Nigeria has
entered into numerous agreements such as the one with the United
States and the Island of Jersey in 2020 and including with other
countries around the world. Where the agreements assume an
international character, the specifics of the agreement often
dictate the trajectory of recovery, sharing, transfer, and
implementation.
“Some element misunderstood the issue of international
recoveries and locally generated funds in relation to monies
belonging to the Federal Government that are locally generated. It
is not to be confused with stolen funds and assets domiciled in
foreign jurisdictions whose recovery and subsequent repatriation
are based on international legal arrangements between the Federal
Republic of Nigeria and the foreign custodians of these funds.
“It needs to be further noted that even recoveries of local
assets are in most cases regulated by the applicable legislation
and judicial pronouncements associated with this legislation and
not Revenue Mobilization and Fiscal Commission Act exclusively. One
can cite for the purpose of clarity recoveries done by the NDLEA,
EFCC, ICPC among others.”