The Socio-Economic Rights and Accountability Project (SERAP) has demanded a copy of the agreement the government of Nigeria recently signed with the United States for the return of $23 million stolen by late General Sani Abacha.
The governments of Nigeria and the United States had last week reached an agreement on the return of the funds to the West African country.
SERAP, in the letter dated 27 August, 2022, said its demand is based on the provisions of the Freedom of Information Act, the 1999 constitution, and some international obligations to which Nigeria is a signatory.
‘By the combined reading of the Nigerian constitution 1999 [as amended], the Freedom of Information Act, and the country’s international obligations, there are transparency obligations imposed on your government to widely publish the agreement on the $23 million Abacha loot’, the letter signed by SERAP’s Deputy Director, Kolawole Oluwadare, read.
SERAP argued that the President Muhammadu Buhari administration has a responsibility to ensure transparency and accountability in how any stolen funds that have been returned are spent, to reduce vulnerability to corruption and mismanagement.
The rights organisation also asked the president to provide details of the transparency and accountability mechanisms that have been put in place to ensure that the released funds are not mismanaged, diverted, or re-stolen.
‘We would therefore be grateful if the recommended measures are taken within seven days of the receipt and/or publication of this letter. If we have not heard from you by then, SERAP shall take all appropriate legal actions to compel your government to comply with our request in the public interest.
‘Publishing a copy of the agreement signed with the U.S. would also promote transparency and accountability in the spending of public funds. Nigerians are entitled to their constitutionally and internationally recognised human right to information.
‘Publishing a copy of the agreement would ensure that persons with public responsibilities are answerable to the people for the performance of their duties including the management of repatriated loot’.
According to SERAP, the Freedom of Information Act, Section 39 of the Nigerian constitution, Article Nine of the African Charter on Human and Peoples’ Rights, and Article 19 of the International Covenant on Civil and Political Rights guarantee everyone the right to information.
General Abacha ruled Nigeria from 1993 until his death in June 1998, during which time Transparency International estimated that he took up to five billion dollars of public money.
Photo source: Paul Kagame
