The Attorney-General of the Federation and Minister of Justice, Abubakar Malami, SAN, has cautioned Mr Femi Falana, SAN not to confuse the public with “myopic views”.
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Malami said this in a statement issued on Tuesday by Dr Umar Gwandu, Special Assistant on Media and Public Relations Office of the Minister in Abuja.
He said the erroneous assertion of Falana on the process of disbursement and use of recovered stolen funds based on the provisions of the Revenue Mobilization, Allocation and Fiscal Commission Act and Section 153 (1) (n) of the Constitution of the Federal Republic of Nigeria 1999, as amended, depicts a rash analysis devoid of clear legal foundations.
“The Revenue Mobilization, Allocation and Fiscal Commission Act have nothing specific on funds recovered from indicted public officers or assets recovered internationally.
“It merely mentions accruals and disbursement of revenue from the Federation Account.
“So, questions of recovery of stolen funds from indicted public officers and illicit assets recovered internally are not contemplated by the spirit of the law internationally and are appropriately dealt with by other relevant laws’’.
He said that one cannot impute into legislation what is not specifically and expressly mentioned.
“It is, therefore, misleading to give the impression that recoveries and usage of stolen funds stashed abroad are provided for by the Revenue Mobilization, Allocation and Fiscal Commission Act.
“More so when recoveries are product of multiple jurisdictional legislations, thereby bringing recoveries into the purview of conflict of laws.
“One cannot situate rights and entitlements on looted funds and recovered assets with myopic and narrow understating of concepts of the application of local legislation’’.
He said that the application for looted funds can only factor within the context of mutual understanding and negotiations of international and multifaceted jurisdictional and territorial legislative issues.
“Section 6 of the Revenue Mobilization, Allocation and Fiscal Commission Act has in part clearly outlines the powers of the Commission.
“In particular, sub-section (1) (a) empowers the Commission to monitor the accruals to and the disbursement of revenue from the Federation Account.
“This purely targets revenue already in the federation account or funds accruing from sources designated by the Constitution of the Federal Republic of Nigeria 1999, as amended.
Malami noted that the derivation formula is local and applies locally within Nigeria and this is not the case with recovery of stolen funds.
“It is interesting to note that Section 80 (1) of the 1999 Constitution of the Federal Republic of Nigeria (as amended) contemplates exceptions to funds not payable into the federation account.
“The Section recognises the possibility of having public funds being administered other than through the derivation formula if the funds (in this case recovered stolen funds) were established for a specific purpose.
“The recovery of stolen assets and the subsequent uses are subject to international agreements between Nigeria and the affected countries, thereby bringing conflict of laws into contemplation.
He said that the repatriated funds are based on cooperation and mutual assistance agreements, especially the UN Convention against Corruption and Implementation of the Global Forum on Asset Recovery (GFAR) Principles on the Repatriation of Stolen Assets.
“The African Union and the ECOWAS Protocols on recovery of illicit funds are equally relevant when it comes to the role of the Nigeria in relation to its other partners.
“As a member of the committee of nations and a respectable international partner, Nigeria must always strive to fulfil its international commitments in the repatriation and use of stolen funds and assets.
He said that by way of example, the Federal Governmen had entered into numerous agreements such as the one with the United States and the Island of Jersey in 2020.
“Where the agreements assume an international character, the specifics of the agreement often dictate the trajectory of recovery, sharing, transfer and implementation.
“The disbursement formula mentioned by Falana is applicable in relation to monies belonging to the federal government that are locally generated.
“It is not to be confused with stolen funds and assets domiciled in foreign jurisdictions whose recovery and subsequent repatriation are based on international legal arrangements between Nigeria and the foreign custodians of these funds.
He said that it is always important for public figures such as Falana to make statements that will enlighten the general public: rather those utterances that are simply misleading and calculated at striking discord and confusion in the public domain.
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