The Federal Executive Council (FEC) rose
from its weekly meeting in the State House Abuja Wednesday with cheery
news of the forthcoming repatriation of $500 million loot from United
Kingdom, United States and France to Nigeria......
The money was part of the huge sums stolen by the former despotic leader, Gen. Sani Abacha.
Making the disclosure while briefing
journalists at the end of the meeting, the Attorney General of the
Federation (AGF) and Minister of Justice, Malam Abubakar Malami, said
the move was the fallout of negotiations between the federal government
and the three countries.
According to him, the expected sum is
coming barely a few months after the repatriation of $322 million Abacha
loot to Nigeria from Switzerland following an agreement signed by
Nigeria and Switzerland.
Malami, who said the processes leading
to the repatriation and the aftermath were reported to the council
Wednesday, also disclosed that the council approved the payment of N500
million as legal fee to lawyers engaged in the litigation between the
federal government and MTN over the N1 trillion fine imposed on the
latter by the Nigeria Communications Commission (NCC).
“The council approved the payment of
professional fees to lawyers engaged by the federal government relating
to the MTN case instituted against the federal government in pursuance
of penalty of over N1 trillion imposed by the government on MTN.
“MTN, as you will recall, instituted a
case seeking to retrain the federal government from recovering the over
N1 trillion imposed on it. The federal government engaged the services
of lawyers to put up defense on its behalf. As a result, the case was
eventually settled by the parties amicably and arising from that
settlement the lawyers were entitled to their fees.
“The federal government has now
sanctioned the payment of N500 million for the N330 billion agreed upon
for the alleged certain breaches in their operations. This amount is
less than one per cent of the fee instead of the internationally recognized fee which is pegged at five per cent.
“Finally was a report on the global
forum on assets recovery. You will recall that in December 2017, the
federal government participated in global forum on asset recovery in
Washington DC and during that forum, Nigeria and Switzerland signed
agreement that paved the way for the repatriation of $322 million
relating to looted assets and on the account of that the amount was
eventually repatriated back to Nigeria.
“What transpired was only reported back
to the council today. The report today was not only about the signing of
the agreement but the report of the eventual repatriation of the amount
of money that was signed and agreed to be repatriated during the forum.
“Nigeria has also engaged other
countries including the UK, US, France and others in further
negotiations relating to repatriation and I am happy to report that we
are almost concluding the processes relating to the repatriation of
additional $500 million,” Malami said.
Malami also responded to questions on
the legality and legitimacy of the declaration of June 12 as a public
holiday, as well as the conferment of posthumous awards on the late
Chief MKO Abiola and Chief Gani Fawehinmi as well as Ambassador Baba
Gana Kingibe.
The president had on June 6, proclaimed
June 12 as the new Democracy Day, replacing the hitherto May 29
Democracy in acknowledgement of June 12, 1993 presidential election
described as the freest and fairest in Nigeria’s history and won by the
late business magnate, Chief MKO Abiola, but unjustly annulled by former
military president, General Ibrahim Babangida.
Consequently, the president conferred
the highest honour of the Grand Commander of the Federal Republic (GCFR)
on Abiola on Tuesday.
He also conferred the award of the Grand
Commander of the Order of Nigeria (GCON) on Abiola’s running mate,
Kingibe, and Chief Gani Fawehinmi posthumously in recognition of his
gallant fight for the actualization of June 12 mandate.
But the moves had been criticized by
some Nigerians who argued that the president lacked the power to
proclaim June 12 as public holiday without amending Public Holidays Act
to pave the way for the replacement of May 29 with June 12 as the new
Democracy Day.
The president was also criticized for
unilaterally conferring the national honors on the recipients without
consulting the National Council of State.
But Malami in his defense, said the
president was only duty bound to consult the Governing Board in relation
to the conferment of the National Merit Award, insisting that there is
no law compelling the president to make any consultation before
conferring national honors on anyone.
Malami also stated that it was not the
first time that a posthumous national honors award was conferred on
anyone, pointing out that former Head of State, Gen. Murtala Muhammed,
had once been posthumously honored.
However, he admitted that Public
Holidays Act needed to be amended before June 12 Democracy Day can come
into effect as a public holiday. Consequently, he said the process of
amending the Act had already been put in place and the declaration would
not be effective until the amendment is concluded.
“National Merit Award Act and the
Nigerian National Honors Act are two distinct and different applicable
laws as far as National honors awards are concerned. You have the
National Merit Award on the strength of which we have the law of the
governing board come into effect and then as it relates to the National Honors Act, the board does not have any relevance in terms of
processing of the honors.
“Above all, we equally have in
existence, a precedent as it relates to the award of posthumous honors.
I can recall that a former Head of State, General Muhammed was equally honored posthumously, among others.
“As it relates to public holidays, there
is truly a Public Holidays Act, but it is about the process of
amendment. At any rate, the Act can be amended and the process of
amendment has been put in place.
“So, when the Act has been fully
amended, the declaration of the President will come into effect. It is a
declaration of intention, a declaration of desire and that will
eventually be given effect with the act of amendment of the existing
law,” he said.
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