The Federal government has been urged to maintain the Offenders Register by expanding the current list of alleged perpetrators of corruption crimes to ensure that offenders are added as stipulated by the Global Forum on Asset Recovery, GFAR, Principle 9.
This is one of the recommendations of the just concluded research report on implementing Key GFAR Principles in Asset Return to Nigeria after visits by CSOs and CLEEN Foundation to the three projects to ascertain the level of work done and present their findings to stakeholders for review and validation.
The recovery and management of stolen assets, such as the $311.8 million recovered loot from the Bailiwick of Jersey are said to be used for the Lagos-Ibadan Road, Abuja-Kano Road, and 2nd Niger bridge projects as against insinuations that the monies were re-looted.
The Executive Director, of Africa Network for Environment and Economic Justice, ANEEJ, Mr David Ugolor, said, that having monitored the inflow of the looted assets and activities relating to transparency and accountability, inclusion of non-government organizations, return of funds to beneficiaries, and the preclusion of benefit to offenders which is commendable.
The research however identified gaps in the asset recovery process and provided recommendations for improving future asset return agreements.
For instance, " Abacha Loot (III) of $311.8 million was covered by a Tripartite Agreement (between the Federal Republic of Nigeria, the Bailiwick of Jersey, and the USA) and was signed in Washington, DC, on 3rd February 2020 in line with GFAR principle, it took both countries 13 years to effect the return of the asset " Ugolor.
He noted that A 2020 MoU between Nigeria and Ireland returned Abacha IV, €5.5m or $6.3m following a forfeiture order by a high court in Ireland in 2015, A 2022 Agreement on ‘Forfeited Mecosta/Sani Mohammed Assets’ (Abacha V), amounting to $23,493,724.98, made use of the existing structures, procedures, and mechanisms already defined in the 2020 US-FRN-Jersey 2020 Tripartite Agreement on Abacha III. This was also plowed into the 3 legacy projects.
Still talking Transparency and accountability, Mr. Ugolor stated that "A 2021 MoU between UK and Nigeria returned James Ibori & Associates loot totaling £4,2m," A 2022 MOU between UK & FGN returned the Foster Wheeler assets amounting to £210,610
Another 2024 Agreement Between FGN & Jersey returned Jeremiah Useni/Miner Funds amounting to £2,125,944.
All the above-recovered assets he explained, have been plugged into the 3 Landmark projects of the 2nd Niger Bridge, Lagos-Ibadan Express Road, and Abuja-Kano Express Road, adding that, " Lagos-Ibadan Express Road and 2nd Niger Bridge have been largely completed using the recovered assets"
Transparency and accountability---3 which is the Abuja-Kano road got some issues leading to the termination of the contract of JB and re-awarded to another contractor, " Recovered $954,807.40 Alamieyeseigha loot returned from the US were still domiciled in the ‘CBN Designated Dollar Account’ 2 years after return ". he said
Ugolor disclosed, " A total sum of US$355 million has been received so far during the five years covered by
this research compared to an estimated $ 10 billion that left through IFF, adding that, from the 7 agreements and MoUs, 4 specified costs recovery three did not. " For instance, Jersey cost recovery of $311m is $5m ". Ugolor stressed
Quoting open procurement in line with the 2007 Act for utilization of assets
Awareness he noted that the government installed signposts at every 30 km intervals to indicate that the infrastructure roads projects and bridges were completed with a part of the returned assets.
Looking at the poverty level, it is on record that, 140million Nigerians, or 65% of its population are said to be multi-dimensionally poor, with a high unemployment rate.
" World Bank statistics show that from the 122 million Nigerians in the working age bracket, only 31 million are employed, and on Petty and Grand Corruption, Nigeria ranks 140th out of 180 countries on TI’s 2024 report", Ugolor revered
He said although the 2020 UNCTAD report puts illicit financial flight from Africa alone at $88 billion a year, Nigeria has made strident efforts at combating corruption since the return to Democratic rule in 1999, the reason it established agencies to arrest the situation.
The report findings by the CLEEN Foundation revealed that the roads have been completed and are all beneficial to the public having eliminated traffic congestion, and stress both on humans and vehicles but feedback from participants indicates that a lot still needs to be done in the areas of road mapping, the introduction of weighbridges, lightings, pedestrian bridges, security and under whose jurisdiction it is to maintain the roads, describing fee allocated for monitoring as too much, is of concern.
The Deputy Programme Manager FCDO, Mr. Anicetus Atakpu, promised that the organization would continue to support the cause and wants the Government of Nigeria to address the poor awareness of returned assets and beneficial utilization that could help to address skepticism and build public trust.
Consultant on the Project, Mrs Sarah Praise Ikhile who represented the Audit firm, Mr Emmanuel Agbeboaye & Co, raised some concerns that some of the project imputes were not available.
" There is an urgent need to complete the Abuja - Kano road".
But are Victims of the loot, part of the decision-making relating to project prioritization?
The report submits that there appear to be limited opportunities for sub-national governments to make their inputs and be held accountable, Ugolor quoting " the 2023 Agreement signed between USA and Nigeria on Alamieyeseigha Forfeited Assets ($954,807.40), which is meant for the government and people of Bayelsa State, yet they have no input into the agreement ".
The report wants the federal government to consult Civil society and communities in the prioritization process on the choice of roads and bridges, Preventive measures against illicit financial flows should be instituted, such as periodic citizens’ engagements and quarterly reports to the public.
The report also called for the Overhaul of the Criminal Justice System for Speedier asset recovery and returns and work with asset-returning countries to ensure speedier and more effective criminal prosecution and timely repatriation of all forfeited assets.
Provide Central asset recovery agency through Amendment of POCA, 2022, Act, 2022, reflecting the provisions for a central recovery agency to coordinate the activities of ACAs, facilitate the passing of the Whistleblower Protection Bill to support asset recovery and management to further enhance operational independence project completion audit mechanism to ensure all projects are audited independent of the implementing agencies before the issuance of Satisfactory completion certificate, among other demands.
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