Recovered loot: Malami, others risk jail over failure to obey court order

A rights group, Socioeconomic Rights and Accountability Project (SERAP) has commenced committal to prison hearings against the Federal Government, Mr Abubakar Malami (SAN), Attorney-General of the Federation and Minister of Justice, and Alhaji Ahmed Idris Accountant-General of the Federation for not obeying a court order.

Justice Mohammed Idris had ordered the respondents to provide SERAP with up to date information on the spending of recovered stolen funds since the return of democracy in 1999.

The Court also ordered that the respondents to give specific details on the total amount of recovered stolen public assets by governments since 1999; the amount that has been spent from the recovered stolen public assets and the objects of such spending; as well as details and location of specific projects on which recovered stolen public assets were spent.

The Form 49 notice to show cause, why order of committal should not be made was filed at the Federal High Court, Lagos last week by SERAP’s Executive Director Adetokunbo Mumuni.

“Despite the service of both form 48 and the certified true copy of the judgment on both the Attorney General of the Federation and the Accountant-General of the Federation they have failed and/or neglected to acknowledge the judgment let alone obey it.

“It has become painfully clear since the judgment was delivered that this government has no plan to enforce it. It is dismaying that a government, which builds its reputation on combating grand corruption has not embraced the enormous opportunities the judgment provides to open the book on what exactly happened to recovered loot.”

“It is absolutely unacceptable to take the court, which is the guardian of justice in this country, for a ride. A democratic state based on the rule of law cannot exist or function, if the government ignores and/or fails to abide by Court orders,” Mumuni said.

The court also added by virtue of the provisions of Section 4 (a) of the Freedom of Information Act 2011, the 1st Defendant/Respondent is under a binding legal obligation to provide the Plaintiff/Applicant with up to date information on the spending of recovered stolen funds, including:

It would be recalled that SERAP had on March 28, 2016 sent a copy of the certified true copy of the judgment to Mr Malami and Alhaji Idris urging them to use their good offices and leadership to ensure and facilitate full, effective and timely enforcement and implementation of the judgment.