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Abacha Loot: US accuses Kebbi governor of corruption, advises FG

The United States has accused the governor of Kebbi State, Atiku Bagudu, of corruption.

According to Bloomberg, the US Department of Justice in a statement said that Bagudu was involved in corruption with the late Abacha who Transparency International (TI) said may have looted as much as $5 billion during his 1993-98 rule in Nigeria.

The Justice Department also opposed plans by Nigeria to give $100 million from loots recovered from former Nigeria military dictator Sani Abacha to Kebbi State governor.

The DoJ also contends that the Nigerian government is hindering U.S. efforts to recover allegedly laundered money it says it’s traced to Bagudu.

Buhari’s administration says a 17-year-old agreement entitles Bagudu to the funds and prevents Nigeria from assisting the U.S., according to recent filings from the District Court for the District of Columbia in Washington.
“This case illustrates how complex and contentious repatriating stolen assets to Nigeria can be,” said Matthew Page, an associate fellow at London-based Chatham House and former Nigeria expert for U.S. intelligence agencies. “Instead of welcoming U.S. efforts, Nigeria’s lawyers appear to be supporting the interests of one of the country’s most powerful families.”

Successive Nigerian governments have sought to recoup the money looted by Abacha, who died in office, and have so far repatriated more than $2 billion with the cooperation of other countries, according to U.S. court filings.

In the case involving Bagudu, the U.S. in 2013 initiated a forfeiture action against a host of assets, including four investment portfolios held in London in trust for him and his family, according to the district court filings.

In the case involving Bagudu, the U.S. in 2013 initiated a forfeiture action against a host of assets, including four investment portfolios held in London in trust for him and his family, according to the district court filings.

The DoJ said in a Feb. 3 statement that Bagudu, 58, was part of a network controlled by Abacha that “embezzled, misappropriated and extorted billions from the government of Nigeria.” Bagudu is the chairman of an influential body of governors representing the ruling All Progressives Congress.

Despite the forfeiture action being initiated following a Nigerian state request in 2012, Buhari’s government now says it can’t assist the U.S. because it’s bound by a settlement Bagudu reached with the administration of then-President Olusegun Obasanjo in 2003, according to the court filings.

Under the terms of that accord, which was approved by a U.K. court, Bagudu returned $163 million of allegedly laundered money to the Nigerian authorities, which in exchange dropped all outstanding civil and criminal claims against him “stemming from his involvement in government corruption,” according to a Dec. 23 memorandum opinion by District Judge John D. Bates in Washington D.C.

That meant “Nigeria renounced any interest whatsoever” in Bagudu’s trust assets, including those the U.S. is attempting to recover for the West African nation, the opinion stated.

After Bagudu successfully sued Nigeria for violating the 2003 settlement, the government reached a new agreement with him in October 2018, according to the court filings.

That would result in the transfer of ownership of the investment portfolios, worth 141 million euros ($155 million) to the Nigerian state, which would then pay 98.5 million euros to Bagudu and his affiliates, according to Bates’ Dec. 23 opinion. The funds are currently restrained by the U.K. at the request of the U.S.

Nigeria’s government claims the updated 2018 agreement with the Kebbi governor, which requires court approval in the U.K., will “curtail and mitigate its looming exposure” from the judgment in Bagudu’s favor.

The full texts of neither settlement was published in the court filings.

Buhari’s administration submitted the 2018 deal to the U.K. court in September to support its application to unfreeze the assets so they can be sent to Nigeria, according to the opinion. The court has yet to make a decision.




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