Ndubuisi Ugah 
…says we’ve agreed to return available funds
…insists no role for sub-national bodies in such negotiations
…MoU to return funds not based on Ibori’s case alone
The United Kingdom (UK) Thursday urged the Federal Government to enter into a ‘direct talk’ with the Delta State Government in order to address the controversy, arising from the planned repatriation of the £4.2 million forfeited by associates of a former governor of the state, Chief James Ibori, to the coffers of the Federal Government. The direct talk, according to an enquiry by Saturday Telegraph was aimed at ‘clarifying and addressing the controversy’, which ensued over the eventual use of the repatriated funds.
The Federal Government had announced through the Attorney-General of the Federation and Minister of Justice, Mr. Abubakar Malami (SAN), that the funds would be channelled to complete the Second Niger Bridge, Abuja- Kano Expressway and the Lagos-Ibadan Expressway, under the coordination of the Nigeria Social Investment Authority (NSIA). In 2012, Ibori had pleaded guilty to money laundering and other charges in a UK court and was consequently sentenced to 13 years imprisonment.
Following these, some of his associates (three women) were also convicted and sentenced to prison over similar charges. But replying Saturday Telegraph’s enquiry email titled: ‘Conflicting figures in Chief James Ibori’s associates’ £4.2m forfeited loot’, the UK government through its Senior Press and Public Affairs Officer at the British High Commission, Abuja, Mr. Christopher Ogunmodede, said it was expedient for the Federal Government to enter into such ‘direct talks’ with the Delta State Government in order to avert ‘conflict of interest’.
The UK government through the British High Commission in Nigeria, also added that it was aware of the existing Memorandum of Understanding signed by Nigeria and the UK, noting that transparent asset recovery mechanism was channelled in the process leading to the recovery and repatriation of the £4.2 million forfeited funds. The High Commission’s response reads: “The UK is fully committed to recovering proceeds of corruption and returning them to the countries harmed by the corrupt conduct.
In doing so, the Government is mindful of its obligations under international law, including the UN Convention Against Corruption, and the principles for transparent and accountable asset return which were endorsed at the Global Forum for Asset Recovery in 2017.
“The 2016 asset recovery MoU signed between the UK and Nigerian governments provides the legal instrument for returning stolen assets to Nigeria. “This document, consistent with international legal norms, envisages a government to government framework for discussions: it does not set out a role for any subnational bodies.
But we would encourage direct communications between the Federal Government and Delta State Government in the interest of openness and transparency.” The UK government further maintained that what was signed between Malami and the British High Commissioner, Ms. Catriona Laing, was the proceeds of corruption, which the UK government was returning to Nigeria.
The letter added: “The primary objectives of the UK government are ensuring that there is strong provision for transparency, monitoring and accountability of returned funds and that they are used to benefit the poorest Nigerians.
“The UK is returning £4.2 million to Nigeria, which represents the proceeds of corruption. We have agreed to return the funds that are available to be returned. “Transparent asset recovery is a priority objective in our support to the Government of Nigeria to tackle corruption.
The Annex which has been signed today ensures that there will be monitoring of the returned money by a Civil Society Organisation who is already part of the wider project the funding is going towards.” While directing this newspaper to seek further clarification if needed from the Head of Communications for the British High Commission, Dean Hurlock, who was copied in the email trail, the UK government clarified that the MoU was not only based on the Ibori case alone but on all corruption cases of return to Nigeria. “A Memorandum of Understanding with the Nigerian Government was signed in August 2016, to facilitate the return of recovered assets to Nigeria, once all relevant UK legal proceedings are concluded.
“This MoU was not specifically linked to the Ibori case but covers all cases of return to Nigeria. The MoU makes provision for transparency and monitoring in the return of any assets to Nigeria, and anticipates that they will be used for projects to benefit Nigeria’s poor and improve access to justice,” the response stated. Recall that the Federal Government’s decision had sparked-off an avalanche of criticism with the Delta State Government, the Delta Elders’ Forum (DEF), led by a former Minister of Information, Chief Edwin Clark and a socio-political group, Oghara Development Union (ODU), Lagos State branch, all opposing the plan to use the funds to complete roads in other states, when federal roads in Delta State are in deplorable condition. Specifically, DEF noted that Malami’s argument that the Federal Government was appropriating the funds because the offenders committed a federal offence was unacceptable.
It stressed that in the similar case of forfeiture by former governor of Bayelsa State, late Chief Dieprieye Alamieyeseigha, the repatriated funds went to the state. On its part, Delta State Commissioner for Information, Mr. Charles Aniagwu, kicked against the federal government’s decision. He stated that roads in Delta State were also in deplorable condition, adding that the federal government should know that the roads also needed attention. “Federal roads in Delta State are bad. Benin-Warri road has collapsed. Sapele- Agbor road is a federal road and it has been abandoned.
The Federal Government can use the money to rehabilitate the Sapele-Agbor road,” he said. Reacting, Clark served notice that his group would challenge the Federal Government’s decision in court as the money belongs to Delta State. “We see it as a sign of deliberate oppression and provocation of our people. Perhaps, they are tired of Niger Delta.
If that is the situation, let them go on since what they want is a problem in the Niger Delta. We cannot be taken for granted in our country. On its part, ODU called on the Federal Government to ensure the return to Nigeria of all the funds recovered from Ibori’s associates in the London trial, stressing that it had followed the case diligently and was aware that the sum the women forfeited was £6.2 million and not £4.2 million.
It said Nigeria should oppose UK’s hypocrisy and insist that the entire sum be returned to Nigeria or UK would have been engaged in witch-hunting Ibori for profit, by withholding £2 million. The union also urged Nigeria to demand the interest on the £6.2 million since 2012 because the money would not have sat idly in the bank without attracting interest.
