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EFCC, NSA, AGF Can’t Account For Abacha Loot




Sani Abacha
None of the offices of the Attorney-General of the Federation, National Security Adviser or the Economic and Financial Crimes Commission, EFCC, can account for the whereabouts of the money Nigeria has received from foreign countries as part of the money stolen from the treasury by former head of state, the late Gen. Sani Abacha.

The government agencies are in court because a non-governmental organisation, Legal Defence and Assistance Project, LEADP, is suing them for details of the repatriated fund.

The AGF and NSA were fingered by the EFCC as having knowledge of what happened to the money in its counter-suit against LEDAP in 2011, when the NGO dragged the anti-graft agency before Justice Ahmed Mohammed of a Federal High Court in Abuja for refusing to furnish it with the information it requested regarding the loot under the Freedom of Information Act, FoI.

Following their implication, LEDAP decided to join the AGF and NSA in its suit, but the two denied involvement in any deal that led to the recovery of the money.

Austin Emmumejakpor, a lawyer with the EFCC, in the counter-affidavit on March 5, 2012, said: “That I am informed that remittances relating to the estate of the late Gen. Abacha were co-ordinated by the offices of the National Security Adviser and the Attorney-General of the Federation and not the respondent (EFCC) as erroneously thought by the applicant.”

However, the AGF and NSA are refusing to be joined in the suit and their lawyer, Godwin Onwusi, said they knew nothing that transpired leading to the deal.

“That the 2nd party sought to be joined (NSA) did not coordinate the remittances relating to the estate of the late Gen. Sani Abacha.

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“That the 2nd party sought to be joined is neither in custody nor in possession of information relating to the remittances referred to in paragraph five above.

“That the 2nd party sought to be joined is neither a necessary party nor an indispensable party in this suit,” Austin Nwaroh, a lawyer from Onwusi’s law firm, deposed on January 28, 2015.

On March 25, 2014, the two had opposed being joined as defendants in the case and deposed through another lawyer with Onwusi’s firm, Ifeanyi Umeji, that, “the 1st and 2nd parties sought to be joined (AGF and NSA) did not coordinate the remittances relating to the estate of late Abacha.”

However, LEDAP’s counsel, Chino Obiagwu, argued the both the AGF and NSA are necessarily part of the case because according to the Section 21 of the FoI Act, 2011, “the onus is on such body to prove that the information is not within its control.”

The case was adjourned to October 8.


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