The Attorney General of the Federation and Minister of
Justice Abukabar Malami SAN has disclosed that “President Muhammadu Buhari has
directed all relevant agencies to compile documents on names of all looters
....
with a view to promptly enforcing the judgment of a Federal High Court in Lagos
ordering the government to release to Nigerians information about the names of
high ranking public officials from whom public funds were recovered.” The court
also ordered the government to tell Nigerians the circumstances under which
funds were recovered, as well as the exact amount of funds recovered from each
public official. Mr Malami made the disclosure yesterday during a meeting at
his office in Abuja with a delegation from Socio-Economic Rights and
Accountability Project (SERAP). This development was disclosed today in a
statement by SERAP executive director Adetokunbo Mumuni. Mumuni said, “We had a
very productive meeting with Mr Malami, discussing among other critical issues
the need for the government to obey the judgment delivered in July by Hon
Justice Hadiza Rabiu Shagari following a Freedom of Information suit number:
FHC/CS/964/2016 brought by SERAP.” According to Mumuni, “Mr Malami informed us
that President Buhari has directed the Ministry of Justice, Ministry of
Finance, Economic and Financial Crimes Commission (EFCC), Independent Corrupt Practices
and Other Related Offences Commission (ICPC) and other relevant agencies
involved in the recovery of looted funds to promptly put the documents together
with a view to fully and promptly enforcing the judgment by Justice Shagari.”
“We appreciate the opportunity to meet with the Attorney General of the
Federation and look forward to working with him as the government strives to
enforce this very important judgment. We hope that the implementation of the
judgment will now happen sooner rather than later. We believe that effectively
implementing the judgment will be a victory for the rule of law, show the way
forward in the fight against corruption and impunity of perpetrators in the
country, as well as demonstrate Buhari’s oft-repeated commitment to tackling
the problem of grand corruption,” Mumuni added. It would be recalled that the
SERAP suit followed disclosure last year by the Federal Government of funds
recovered from some high-ranking public officials and private individuals. In
her judgment delivered on 5th July 2017 Justice Shagari agreed with SERAP that
“the Federal Government has legally binding obligations to tell Nigerians the
names of all suspected looters of the public treasury past and present.” Joined
as Defendants in the suit are the Minister of Information Alhaji Lai Muhammed
and the Federal Ministry of Information and Culture. The same day that the
judgment was delivered Mr Malami told reporters in Abuja that government was in
agreement with the ruling and would carry out the order as long as it does not
amount to sub judice. Justice Shagari also granted the following reliefs: A
DECLARATION that by virtue of the provisions of Section 4 (a) of the Freedom of
Information Act 2011, the Defendants are under a binding legal obligation to provide
the Plaintiff with up to date information relating to the following: To widely
disseminate including on a dedicated website information about the names of
high ranking public officials from whom public funds were recovered since May
2015 The circumstances under which stolen public funds were returned It would
be recalled that the Ministry of Information last year published details of the
recoveries, which showed that the Nigerian government successfully retrieved
total cash amount N78,325,354,631.82, $185,119,584.61, £3,508,355.46 and €11,
250 between May 29, 2015 and May 25, 2016. Also released were recoveries under
interim forfeiture, which were a combination of cash and assets, during the
same period: N126,563,481,095.43, $9,090,243,920.15, £2,484,447.55 and
€303,399.17. Anticipated repatriation from foreign countries totalled:
$321,316,726.1, £6,900,000 and €11,826.11. The ministry also announced that 239
non-cash recoveries were made during the one-year period. The non-cash
recoveries are – farmlands, plots of land, uncompleted buildings, completed
buildings, vehicles and maritime vessels. Subsequently, SERAP issued an FOI
request and gave the Minister of Information, Alhaji Lai Muhammed 14 days to
disclose the names of all suspected looters. The request reads in part: “While
we believe that suspects generally are entitled to be presumed innocent until
proven guilty by a court of competent jurisdiction, SERAP opposes blanket
non-disclosure of names of high-ranking public officials from whom some of the
funds were recovered.” “SERAP insists that the public interest to know is
greater than any other legitimate interest that the government might wish to
protect. The Nigerian government has an obligation to balance whether the risk
of harm to the legitimate aim (that is secrecy of ongoing corruption
investigation and presumption of innocence) from disclosure of the names of
public officials is greater than the public interest in accessing the
information.” “SERAP believes that the recoveries, specifically from
high-ranking public officials (and not private individuals), are matters of
public interest. Publishing the names of those public officials will provide
insights relevant to the public debate on the ongoing efforts to prevent and
combat a culture of grand corruption in the country.” “The gravity of the crime
of grand corruption, the devastating effects on the socially and economically
vulnerable sectors of the population, and the fact that recovery of huge funds
from high-ranking public officials entrusted with the public treasury raise a
prima-facie case and therefore amount to exceptional circumstances that justify
naming those high-ranking officials in the public interest.” “Publishing the
names of public officials involved could go a long way in preventing senior
public officials from turning the public treasury into a private cashbox. The
public interest in publishing the names of the high-ranking government
officials from whom funds were received outweighs any considerations to
withhold the information, as there would be no prejudice against those whose
names are published as long as the information is appropriately framed and
truthful.” “While the government in some limited cases can legitimately place
restrictions on the public’s right to access certain information, attempts of
the Nigerian authorities to justify the total closure of information related to
the names of public officials from whom funds were recovered on the basis of
“ongoing criminal investigation” and “presumption of innocence goes far beyond
the limitations allowed under international law, and would promote secret
recoveries.” “The information being requested is not related to detailed
investigatory activities of anticorruption agencies regarding the recoveries so
far made. Similarly, the mere fact that the information being requested is
related to ongoing investigation does not necessarily mean that the information
could not be disclosed. In addition, governmental agency has the obligation to
prove that the disclosure of the names of public officials would disrupt,
impede, or otherwise harm the ongoing or pending investigations or presumption
of innocence.”
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