Probe of recovered loot: Beyond NASS’ roles, Nigerians must awake to democratic obligations

Just last week, the Attorney General of the Federation and Minister of Justice, Mr Abubakar Malami, SAN, disclosed that the Federal Government had recovered over $700million looted funds, as well as secured a return of £4.2million linked to former Delta State Governor, James Ibori. The AGF had also disclosed plans to repatriate more than £80m of Ibori’s loot. However, those who are prompt in sniffing possibilities of intrigues which may play out of such development have begun to raise concern. Such concern may not be far fetched. It is largely borne out of the untoward experience which have surrounded the whereabouts of such repatriated funds over the years. It is more convincing that on several occasions, returns from such recovered funds have not been channeled to yield concrete results, which to appreciable extent, can be pointed to by the populace as laudable projects emanating from such.

As a leading Social right group in the Country, the Socio-Economic Rights and Accountability Project (SERAP) has once again given a voice to the new development by calling on President Muhammadu Buhari to ensure that the  recovered loot from the former governor of Delta State, James Ibori, is not re-stolen. It is recallable that the former Governor who was not found wanting in Nigeria, was tried, convicted in the United Kingdom’s judicial system, served jail term and subsequently discharged to return to the Country. The celebration which greeted his return to the Country was another subject of contest raising doubts as to whether Nigerians beyond the cabals holding grip on power architecture in the Country, really detest corruption.

SERAP had in a Freedom of Information request dated 22 May, 2021, signed by its Deputy Director, Kolawole Oluwadare requested that the President “urgently direct Mrs Zainab Ahmed, Minister of Finance, Budget and National Planning to disclose spending details of the $700 million looted funds reportedly recovered by the Federal Government in the past four years, including the list and location of projects completed with the money, as well as details of the contractors that executed the projects.”

It further demanded that the President “direct Mrs Ahmed to disclose how the government plans to spend the returned £4.2m Ibori loot, including details of planned capital expenditure, and whether there is any plan to ensure that the money and any future returned Ibori loot would be spent to achieve justice and effective remedies for victims of corruption in Delta State. Disclosing spending details of the recovered $700m loot, and spending plans for the £4.2m Ibori loot would promote transparency, accountability, and be entirely consistent with your constitutional oath of office to ensure the well-being of Nigerians.”

The Group had further noted: “Rather than borrowing another N2.3trillion ($6.18bn) external loan, SERAP urges you to ensure a transparent and accountable use of recovered loot to fund the 2021 budget, improve the country’s economy, and address widespread poverty. This would promote a just and honest government, and ensure that recovered loot is not re-stolen at the expense of the poor. SERAP, therefore, urges you to withdraw your latest request seeking the approval of the National Assembly to borrow another $6.1billion in the public interests, and to ensure accountable fiscal stewardship of Nigeria’s money for both current and future generations. Providing the information and widely publishing the details would also enhance your government’s authority and credibility to demand the return of more looted public funds from abroad, as well as facilitate the repatriation of potentially billions of dollars still stashed in rich countries.”

On similar grounds, disclosure of the invitation by the House of Representatives Ad-hoc Committee on Assessment and Status of All Recovered Loots, Movable and Immovable Assets, for the Minister of Justice and Attorney-General of the Federation, Abubakar Malami to give updates on recovered loot, is another subject of interest.  Among those on the list of summon are the Minister of Finance, Budget and National Planning; the National Security Adviser, Maj-Gen. Babagana Mongunu (rtd); the Economic and Financial Crimes Commission (EFCC); the Independent Corrupt Practices and Other Related Offences Commission (ICPC); the Nigeria Police Force; Nigeria Customs Service and Nigerian Navy. The summon also extends to the National Drugs Law Enforcement Agency (NDLEA); Nigeria Security and Civil Defence Corps (NSCDC);  Central Bank of Nigeria (CBN);  Accountant General to the Federation; Auditor General of the Federation; Nigerian Sovereign Investment Authority; Former Ministers of Justice; Former National Security Advisers; Former Chairmen of EFCC; Former Chairmen of ICPC; Former Inspectors General of Police and Former Comptrollers General of Customs were also invited. Other stakeholders invited by the Committee to make inputs were the Presidential Advisory Committee Against Corruption; Commercial Banks; Association of Bureau de Change Operators of Nigeria; Chairman of the Disbanded Special Presidential Investigation Panel for the Recovery of Public Property and the Chairman of the Disbanded Pension Reform Task Team. Former Commanders General of NSCDC Mr. Ngozika Ihuoma, M.D Crincad & Cari Nigeria Limited; Mr. Dipo Fatokun, CBN’s Director Banking Services; Mr. Abubakar Animasaun, EFCC’s Account Department Mr. Abdullahi Ibrahim Staff of EFCC Mr. Mukhtar Bello, Staff of EFCC; Non-Governmental Organizations and Civil Societies Organizations such as CISLAC; SERAP; HEDA and BUDGIT are also invited to the public hearing make inputs.

A statement from the Committee signed by its Chairman, Hon. Adejoro Adeogun, on Sunday mandated the concerned ministers and all other invitees to appear on Monday, May 24, 2021 (today) being the day the panel is holding an investigative hearing on the recovered assets. According to the statement, the investigation covers between 2002 to 2020. The essence of the hearing, according to the committee, is to ensure effective and efficient management and utilisation of the recovered assets. “The Committee is calling for memoranda from stakeholders and the general public pursuant to Sections 88 and 89 of the 1999 Constitution of the Federal Republic of Nigeria (as amended),” the statement had read partly.

The need for Nigerians to rise to holding responsible, and calling their government to accountability is very essential. It is important for more Nigerians to become practically engaged in the running of their Country as demanded under a democratic system. While the realities of modern day society may have brought the impractibility of direct democracy, the prevailing representative system is not a ticket for docility. Bestowing the mandate to bear rule on the representatives as custodians of State powers by the masses, is to avoid a mobocratic atmosphere of disorderliness which may appear when all Tom, Dick and Harry converge to effect policies. Since power is delegated by the people to some few to ensure orderliness, the reality therefore is that the real source of power is from the people and hence, when the chosen representatives work  against the interest and good of the masses, the need to call them to the sensibilities of order is paramount. As a result, it behooves Nigerians to rise with all civil sense of responsibility to protect their interests by questioning all perceived mischief by those who are meant to manage the resources of the Country in the interest of all.

In this light, since the about $700m, the Ibori’s recent £4.2m returned loots, among others in contention, are commonwealth resources which were laundered but recovered, it is demanding that Nigerians do not fold their arms and keep mum over the expenditure and whereabouts of all the recovered loot repatriated back into the Country. Hence, as the National Assembly commences the inquiries into the expenditure of all recovered loot from records of about two decades, it is pertinent that all Nigerians, Civil Society Organisations and Social Right Groups to keep an open eye as watchdogs to critically peruse, question, and call to order, every concerned office and person constituted as stakeholder on the subject matter. More significantly, it behooves the National Assembly as representatives of the people from all constituencies in the Federation, to engage all concerned stakeholders with deep sense of responsibility without respect of persons or pecuniary interest. In this regard, the interest of the people who have been deprived of their commonwealth should be put forward. It is, therefore, important that inquiries into the expenditure of the recovered loot be carried out by the panel in the highest sense of sincerity, transparency, and thoroughbred approach, just as it is important for all Nigerians to keep their eyes open to point out all perceived loopholes. The long time apathy syndrome by Nigerian citizens to governance in the Country, have left open gaps which opportunists holding grip to power, have long exploited to deprive the Country and its people of their commonwealth. The significance for all Nigerians to awake to citizens’ duties and obligations as demanded under the democratic system is hence more paramount than ever.