The Supreme Court docket on Friday refused a brother’s request to the late Basic Sani Abacha, Alhaji Ali Abacha, to unfreeze the accounts linked to him and family members of the late dictator in the UK, Switzerland, Jersey, Liechtenstein and Luxembourg.
The excessive courtroom, in a unanimous trial by a five-man panel led by Choose Sylvester Ngwuta, discovered that Ali Abacha’s case was prohibited by legislation from when it was began in April 2004 on the Supreme Court docket in Kaduna.
Within the preliminary trial ready by Choose Kudirat Kekere-Ekun, however learn on Friday by Choose Ejembi Eko, the Supreme Court docket discovered that, having rejected the same attraction in February final yr, in its judgment on an attraction introduced by Alhaji Abba Mohammed Sani on behalf of the Abacha Household, had no motive to depart from his reasoning.
The courtroom mentioned it realized that the appellant within the final attraction was represented by RO Atabo, who, by the way, was the appellant’s legal professional within the earlier attraction, which was dismissed.
“No new or superior arguments have been offered right here to justify the elimination of the choice within the case of Alhaji Sani, beforehand determined. This attraction is rejected, and it’s rejected ”, mentioned the apex courtroom on Friday.
The late dictator’s brother’s attraction was in opposition to a unanimous determination by the Kaduna Division Court docket of Appeals on July 19, 2010, through which a three-man panel overturned the choice of September 24, 2004 by Minister Mohammed Liman of the Federal Superior Court docket of Kaduna, beforehand given in favor of Alhaji Ali Abacha.
The ex-dictator’s brother filed a lawsuit with the Federal Supreme Court docket Kaduna in 2004, difficult, amongst others, the 1999 determination of the administration of Olusegun Obasanjo, by means of the then Federation Legal professional Basic and Minister of Justice, Kanu Agabi (SAN), to request the freezing of all accounts attributed to the late Abacha, his household and family members in the UK, Switzerland, Jersey, Liechtenstein and Luxembourg.
Ali Abacha prayed to the courtroom to, amongst others, cancel the freezing of accounts on the grounds that AGF had no powers below the Financial institution (Freezing Accounts Act, Chapter 29, Nigeria Legal guidelines, below which he claimed to have acted , to ask international nations to freeze their accounts and people of the businesses through which they’re directors.
Choose Liman, in his sentence of September 24, 2004, accepted Ali Abacha’s allegations and granted all requested measures.
The choice was subsequently annulled by the Court docket of Enchantment.
Of their judgment of July 19, 2010, Judges John Inyang Okoro, Baba Alikali Ba’aba and Mohammed Lawal Garba of the Court docket of Enchantment, Kaduna Division, unanimously thought of that the case was blocked by legislation and overturned the choice of the upper courtroom, that favored the Abachas.
However the dissatisfied Ali Abacha appealed to the Supreme Court docket and ended up shedding on Friday.
A panel of 5 members of the Supreme Court docket had, in its judgment of February 1, 2020 within the earlier attraction, marked: SC68 / 2010 by Abba Mohammed Sani, thought of, amongst others, that it was too late for the Abacha household to query the choice made by the Federal Authorities of Nigeria in 1999, by means of a letter by the then Minister of Justice and Federation Legal professional Basic, Kanu Agabi (SAN).
Choose Chima Nweze, creator of the panel’s determination, thought of, amongst others, that, in view of the proof offered by the events, he had no possibility however to keep up the earlier competing choices of the 2 decrease courts (the Supreme Court docket, Kano and the Court docket of Enchantment, Kaduna division), within the sense that the case was blocked by legislation.
Choose Nweze mentioned: “In all varieties, with the eloquent submission of the defendants’ council and the submissions anchored within the admitted proof, I’ve no hesitation in affirming the competing choices of the decrease courts.
“Consequently, I file an order dismissing this attraction. I additionally state the competing conclusions and choices of the decrease courts. The attraction is rejected. “
In accordance with courtroom paperwork, the then president, Olusegun Obasanjo, in December 1999, licensed the then AGF to request the Swiss authorities to freeze all financial institution accounts held in his jurisdiction by the late Abacha, his kids, staff, brokers and another people or firms linked to them between 1993 and 1998.
The federal government of Nigeria would even have requested the Swiss authorities to grab and detain all financial institution and different paperwork associated to the affected accounts, to prosecute and prosecute all holders of such accounts, to recuperate and pay to the Federal Authorities of Nigeria all funds falsely and fraudulently taken from the federal government and other people of Nigeria.
As well as, FG reportedly employed a international monetary investigator, Enrico Monfrini of Hauchomann & Bottage in Geneva, Switzerland, to help within the restoration of “all monies stolen by Basic Abacha and his household and different public officers and third events who’ve used his place or participated as accomplices to divert public funds. ”