To repatriate a $550million loot traced to ex-Head of State Gen. Sani
Abacha, the Federal Government is to resolve two legal hurdles in the
United States.
The hurdles are:
• an application filed before a court by Kebbi State Governor Atiku Bagudu and his wife; and
• an action by a United States lawyer, Godson Nnaka, who is fighting to have part of the money.
Besides, the government is seeking “political solutions” to the conditions set by the Swiss government for accessing the loot, The Nation learnt yesterday.
The Swiss government would like to monitor what Nigeria does with the loot, a development which the Federal Government considers as an affront on the country’s sovereignty.
Attorney-General of the Federation and Minister of Justice Abubakar Malami (SAN) and Economic and Financial Crimes Commission (EFCC) Acting Chair Ibrahim Magu, who returned from the US on Sunday, were said to have made progress in “negotiating the last phase of the process for the release of the $550million”. Pending legal cases in the U.S. by the two Nigerians and the conditions attached to the use of the loot have caused the delay in repatriating the $550million loot.The U.S. insisted on the removal of the legal obstacles before it could invoke the procedure for the release of the funds to Nigeria.Following likely loss of the $550 million, President Muhammadu Buhari has chosen to resolve the stalemate through “political solutions”.
A top source, who spoke in confidence, said: “The Federal Government is inching closer to the resolution of legal hurdles and the template for the release of the $550 million Abacha loot. We have spent close to 20 years pursuing the repatriation of these stolen funds; it is time to get over it.The source added: “The government is trying to prevail on the Governor of Kebbi State, Alh. Atiku Bagudu and a U.S.-based lawyer, Mr. Godson Nanka to withdraw their pending matters in some courts in the U.S..“The government has decided to plead with Bagudu and his wife, Aisha to withdraw their suit in the U.S., which is inhibiting the process of releasing the cash, which has been stashed in Switzerland.”In the suit number 13-CV-1832 (JDB), Bagudu and his wife urged the court to reverse its judgment, which declared that the money attributed to them was illicit fund laundered into the U.S. and therefore forfeited to the American government.”
Relying on 18 USC 983 (a) (4) and Rule G (5) (a) of the Sup¬plemental Rules for Admiralty or Marine Claims and Assets Forfeiture Actions of the Fed¬eral Rules of Civil Procedure (Supplemental Rules), Bagudu said: “I have a claim to and interest in the property alleged to be subject to forfeiture in this action.”
“If we continue with this suit without a political solution, the $550 million will still be held up in the U.S..
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