On December 4, 2017 in Washington
D.C, United States of America, Mr. Abubakar Malami (SAN), the Attorney General
of the Federation and Minister of Justice, Ambassador Roberto Balzaretti,
Secretary of State and Director of the Directorate of International Law and
Rachid Benmessaoud, Country Director for Nigeria, the International Development
Association, IDA, signed a Memorandum of Understanding, MOU.
It was between the Nigerian
Government, the Swiss Federal Council and the IDA “On the Return, Monitoring and Management of
Illegally-Acquired Assets Confiscated By Switzerland To Be Restituted To The
Federal Republic Of Nigeria.”
*Gen Sani Abacha |
This MOU stated in explicitly clear and
unequivocal terms the modalities for the return of the money, its usage,
monitoring both locally and abroad, international and local organizations that
would ensure that the money is utilized for the benefit of the poor,
downtrodden and the underprivileged persons in Nigeria . The essence was to ensure
that the Nigerian officials to be involved in
the management of the Funds do not convert them into personal
benefits or foster corruption in the society or use for political
gerrymandering.
The document stated, “Appreciating that pursuant
to the partnership between the 2 countries, an approximate sum of
US$730,000,000 which was illicitly acquired by the Late General Sani Abacha
family, was restituted to the Federal Republic of Nigeria in 2005 by
Switzerland, in cooperation with the International Development Association
(hereinafter called the ‘World Bank’) which provided the necessary
institutional support to ensure the sustainable use of the restituted funds;
“Welcoming the fact that approximately
US$321,000,000 of funds illicitly acquired by the late General Sani
Abacha family, initially deposited in Luxemburg and confiscated by the
Judiciary Office of the Public Prosecutor of the Republic of Canton of Geneva
pursuant to a Forfeiture Order dated 11th December, 2014 can today be
restituted to the Federal Government of Nigeria (hereinafter called the
‘Funds’).”
The document further provided that, “Whereas
the governments have agreed that the Funds shall be used to support a program
of Targeted Cash Transfer under the National Social Safety Net Project (“The
Project “) to be financed by a credit (the “IDA” Credit) extended by the “World
Bank “, pursuant to the Financing Agreement dated January 27, 2017, between the
Federal Government of Nigeria and the World Bank.” It was also agreed by the
parties that, “Whereas by letter dated April 3, 2017, the Public Prosecutor of
the Republic and Canton of Geneva confirmed that the World Bank’s customary
monitoring in its operations would be sufficient for the purposes of the
aforementioned Forfeiture Order “.
The Scope of Cooperation is defined in Article
2:1 and 2:2 thus, “The Scope of this Memorandum of Understanding is to define
the mechanism for the return of the funds to the Federal Government of Nigeria
exclusively for the purpose of financing Targeted Cash Transfers, as defined in
the Financing Agreement.” The World Bank was charged with monitoring
the funds and providing financial reports. The most critical provision of the
MOU states in Article 5:2 that, the Nigeria Government undertakes to use the
Funds in accordance with its provision. Another important provision is
Article 6 which provides that the Nigerian Government shall engage civil
society organizations in the monitoring exercise without incurring
financial expenditure.
It is also important to note that the
disbursement of Funds would be in tranches biennially. Article 10 of the
MOU states that “the World Bank assumes no liability or
responsibility for the use of the Funds”. Article 13 on “Anti-Corruption”
states: “the parties combine their efforts to fight corruption in connection
with the Project and ensure that no offer, donations, payments, remuneration or
advantage in any form whatsoever considered as an illicit act or a form of
corruption, has been or will be granted to anyone, directly or indirectly in
the context of this Memorandum of Understanding.” And, “Each Party agrees to
inform the other Parties in the event that any credible allegation or other
indication of fraud or corruption in connection with the Funds comes to its
attention.” Article 17 stated that “This Memorandum of Understanding shall
remain in force until the amounts held in the Dollar Designated Account and the
Naira Designated Account have been utilized for Eligible Expenditures under the
Project.”
It is apparent that the purpose of this
elaborate and explicit document is to ensure that the money is used for the
benefit of a vast majority of poverty stricken and down trodden in the Nigerian
society, who can barely afford one-square nutritious meal a day. While this is
explicit the amount to be disbursed and to whom are determinable only by the
Federal Government of Nigeria and this is rightly so. We all recall that the
incumbent government during its electioneering campaign in 2015 had promised to
pay a stipend of N5,000 to the poor to alleviate poverty. This promise has so
far not been met. It, therefore appears that the decision of the Federal
Government to pay N5,000 per month to a select populace is nothing but to
surreptitiously fund this campaign promise with the repatriated Funds.
This is dishonest and deceitful and in complete
variance with the MOU. In February, 2018, Nigeria overtook India as
the country with the most people living in extreme poverty. The United Nations
estimate that 42.4 percent of the Nigerian population, or 80 million persons
live on less than $2.2 or N900 per day. However, only about 455,857 of the
number of poor people have been captured in the National Security Register
being used by the Federal Government for its National Cash Transfer Programme.
The monthly stipends of N5,000 is being paid to
only 297,973 out of 455,857 identified poor and vulnerable households captured
in the National Security Register. The beneficiaries are residents in 20 states
out of the 36 states in the federation. These states are: Jigawa, Bauchi, Kogi,
Osun, Cross-River, Anambra, Katsina, Kano ,
Taraba, Gombe, Adamawa , Niger , Nassarawa, Benue, Oyo, Ekiti, Kwara,
Borno (IDP), Kaduna and
Plateau. It is important to note that 15 out of these 20 states are Northern
States in Nigeria ,
showing a lopsided distribution network in favour of a geographical region at
the expense of others.
It is, therefore, correct to state
unequivocally that this is an unfair, unjustifiable, lopsided and inequitable
distribution of the common wealth, which is at complete variance with the terms
of the executed document. Would it be correct to opine that this gross
violation of the Federal Character principle enshrined in the constitution is
because the main dramatis personae are all from this geographical axis? Because
of the poor empirical record in Nigeria , it is impracticable to
justiciably implement this MOU.
The vast majority of the intended beneficiaries
are in very remote parts of Nigeria which are mostly
inaccessible, no electricity, bad and inaccessible roads and no banks or
financial institutions. The average household of the “poor” is likely to be 10
(father, 2 wives and 7 children). What impact would N5,000 a month have
on this household? It is, therefore, reasonable to conclude that it is
impracticable to implement the terms of the MOU, that the government officials
and parties know this as a fact and the local Non Governmental Organizations,
NGO or even the World Bank are ill equipped to appropriately monitor this Targeted
Cash Transfer scheme.
It is hoped that the repatriated Funds would
not be utilized by the incumbent party in government for the forthcoming
electioneering campaign. It is apposite to note that this government is being
decimated on a constant and day-by-day basis by its membership and it’s fight
against corruption appears to be a selective campaign against political
adversaries.
Also, security of lives and properties in the
country are appalling and there appears to be no immediate or decipherable
solution to this logjam, which in reality is the essence of governance. The
Fund could be better utilized on those, as opposed to this convoluted and
parambulative arrangement that would benefit, if at all, a negligible number of
the poor and down-trodden in the society. Furthermore, I do not think the Swiss
Government in whose custody the stolen funds were found, has any moral basis to
dictate or even suggest how such funds should be utilized.
*Kunle Uthman Esq. is a Lagos-based Legal
Practitioner, Lagos , Nigeria .
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