The Socio-Economic Rights and Accountability Project, SERAP, has asked
the Attorney-General of the Federation, AGF, and Minister of Justice,
Mr. Abubakar Malami, SAN, to urgently institute and undertake criminal
proceedings against Mrs Dame Patience Jonathan over the purported $15m
unexplained wealth frozen in four companies’ accounts.
It tasked the AGF to act as a defender of public interest, by
exercising his powers under Section 174(1) of the Constitution of
Nigeria 1999, as amended.
The organization, in a letter dated 13 September 2016 and signed by
its executive director, Adetokunbo Mumuni, asked Malami to “take this
step within 7 days of the receipt and/or publication of this letter,
failing which SERAP will institute legal proceedings to compel the
discharge of constitutional duty in this matter.”
It argued that, “Mrs Jonathan is a politically exposed person under
anticorruption standards. She is also covered under the definition of
‘public officials’ contained in the UN Convention against Corruption to
which Nigeria is a state party. Under article 2 of the convention,
public officials include Mrs Jonathan or any other family members of the
former President Goodluck Jonathan who exercised official duties while
he was president.”
The letter reads in part: “According to article 2 “for the purpose of
some specific measures contained in chapter II of this Convention,
“public official” may mean any person who performs a public function or
provides a public service.
“Thus, article 2 makes it very clear that any person, such as Mrs
Jonathan performing a public function, entrusted with a public task or
to whom public functions have been assigned are public officials,
regardless of whether they have been elected or appointed, paid or
unpaid.
“In this context, it is the character of the duties performed by Mrs
Jonathan while her husband was president that is the overriding
consideration as she held a position of trust by virtue of performing
public functions or services. In addition, such public duties or
services by her are expected to be performed in good faith.” “Under
article 20 of the convention, this government has an obligation to
prosecute intentional illicit enrichment, that is, a significant
increase in the assets of a public official that he or she cannot
reasonably explain in relation to his or her lawful income.
“The fact that the $15m found in the four accounts belong to Mrs
Jonathan raises serious suspicion or at the very least a prima-facie
case of unexplained wealth/illicit enrichment, and imposes an obligation
on Mrs Jonathan to explain and justify the source(s) of the $15m.
“In the event that she is not able to justify, explain or put forth
evidence demonstrating the legitimate origin of the $15m, SERAP urges
you to take immediate steps to forfeit the asset under appropriate legal
proceedings, and to institute criminal prosecution for unexplained
wealth in the matter.
“Similarly, section 44 of the Corrupt Practices and other Related
Offences Act criminalises unexplained or illicit wealth and allows
criminal penalties and forfeiture if in the course of an investigation
there are reasonable grounds to believe that a corruption offence has
been committed, that is, the failure to explain the origin of the $15m
given present or past emoluments, and other relevant circumstances.
“SERAP notes that Mrs Jonathan has admitted that the four accounts
belong to her and that she is the sole signatory to these accounts. The
four accounts in which Mrs Jonathan’s $15m was lodged are said to belong
to the following companies: Pluto Property and Investment Company
Limited, Seagate Property Development and Investment Company Limited,
Trans Ocean Property and Investment Company Limited and Globus
Integrated Service Limited. Mrs Jonathan was given a platinum card and
exclusive access to the accounts.
“According to reports, a houseboy, a driver and other domestic
workers of a former Special Adviser on Domestic Affairs to former
President Goodluck Jonathan, Waripamowei Dudafa, were named as
directors.
“Pursuing prosecution in this case would help to provide adequate
reparation, which may take the form of restitution, compensation,
satisfaction or guarantees of non-repetition to victims of corruption
who continue to be denied their right to an effective remedy. It would
also send a clear message that cases of unexplained wealth or illicit
enrichment involving politically exposed persons would not go
unpunished.
“The use of the offence of illicit enrichment is necessary to any
anti-corruption movement, and accepted instrument in the global fight
against corruption. It would also enhance the government’s powers to
monitor wealth and improve transparency and accountability within the
public sector. SERAP considers this as a proportionate and measured
response to the pernicious problem of corruption in the country. By
combating an official’s unexplained material gains, illicit enrichment
offenses make it clear to public officials that if they engage in
corrupt conduct they would forfeit illegally acquired wealth and go to
prison.”
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