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Strong Indications are emerging that the
more than USD700 million that was returned
to the Nigerian government, from the Swiss
banks, by the Swiss government is not the
only money stolen by the late dictator.
There are other countries in Europe
and the United States of America that failed
to cooperate with the efforts made by the
government of Olusegun Obasanjo, to
repatriate the money stolen by Abacha and
his aides.
Among others, these countries include
United Kingdom, Germany, Liechtenstein,
Luxembourg and Jersy. The total money lodged
in these countries’ banks is running to the
tune of over USD1 billion, according to the
Swiss Bankers Association (SBA). About
USD600 million is currently in a bank, in
Luxembourg and about USD200 million in
Liechtenstein.
Switzerland is the only country in Europe
that accepted with the Nigerian authority to
repatriate the money, stolen by Abacha
family. The Swiss government had to relax
its banking secrecy to enable it return all
stolen assets in the Swiss banks, in a bid
to clean up the battered image that the
country is a safe place for stolen wealth.
Mr.
Erico Monfrini, a Swiss lawyer to
Nigerian government on recovering stolen
assets, who
has equally
made publications on the legal
proceedings on Abacha’s
case disclosed that a total of USD1.3
billion has been returned to the federal,
between
1999 and date. He said part of the
monies was returned directly to the
government without informing him, as counsel
to the Nigerian government.
Narrating his experience in the legal
process that led to the return of the first
tranch of USD700 million, Barrister Monfrimi
said: “In the case of Abacha, Nigerian
government used a combination of sending
requests for mutual assistance and lodging
criminal complaints for money laundering in
Jurisdictions where assets of the Abacha
criminal organisation had been identified or
were suspected to be.
He also informed that “the criminal
proceedings were then stalled by objections
and appeals by Abacha’s son, (Mohammed) and
one Abubakar Bagudu. In April 18, 2005, an
Abuja court of appeal found out that Abacha
sons could not claim any immunity, which
their father enjoyed, from prosecution based
on Decree No. 53 of May 26, 1999, nor on the
basis of sovereign immunity
“This strategy resulted in the freezing of
USD2 billion in ten jurisdictions, of which
to date USD1.2 billion has been recovered
by Nigeria through mutual assistance,
forfeiture or settlements, the Swiss lawyer
said.
Monfrimi pointed out that the Abacha
case with the Nigerian government has not
ended until the monies in Luxembourg, the
United Kingdom, Liechtenstein and Jersey
returned to Nigeria.
According to him, “On February 29, 2000, a
letter Rogatory was sent to Luxembourg,
based on
with evidence gathered in Nigeria,
which showed that seven transfers totalling
less than USD32 million to two
accounts with
M.M Warburg &Co Luxembourg S.A. The request
for mutual assistance was accepted by
Luxembourg on 17 March, 2000, and on 20
March eight accounts with the bank, with
assets totalling
USD630 million were frozen.
It was also learnt that the money in
Luxembourg bank was laundered through London
bank. Investigations further revealed that
the late Abacha was designated as beneficial
owner of only three accounts of the 130
accounts used by Abacha .... organisation.
The designated beneficial owners of the
other accounts were in most cases his sons,
and in most cases businessmen who had gained
his trust.
The Nigerian counsels said the Abacha
children have resorted to delaying tactics,
without providing law enforcement
authorities with any explanation as to the
origin of their fabulous wealth. The case
involving the Luxembourg and Jersey is
expected to resume next year, but Monfrimi
expressed concern that the country might
wish to fight back. He also feared that the
Jersey accounts might pose some setbacks.
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