The Attorney General of the Federation and Minister of Defence, Abubakar Malami (SAN) has berated the Human Right Lawyer, Femi Falana (SAN) over his comment on the disbursement of recovered looted fund based on the law guiding the Revenue mobilisation Allocation and Fiscal Commission (RMAFC).
Malami said the RMAFC has nothing to do with the looted fund or the recovered asset aside merely to mention what is available to government and its disbursement from the Federation Account.
As disclosed by the spokesperson to the AGF, Mallam Umar Gwandu stated in a statement that the question on recovered asset internationally and looted fund is being handled by relevant laws but not to be scrutinised by the international laws.
Minister chides Falana for misleading Nigerians, through painting impression that the RMAFC is responsible for the disbursement of the recovered looted fund contrary to the provision of the law.
Saying Falana should understand that it was the jurisdiction of different laws and legislations .that lead to the recovery of such funds.
In his statement which partly reads; “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 noted.
“For the avoidance of doubt and the purpose of setting the record straight, the application of the looted funds can only factor within the context of mutual understanding and negotiations of international and multifaceted jurisdictional and territorial legislative issues.
“The recovery of stolen assets and the subsequent uses to which these funds may be employed are subject to international agreements between Nigeria and the affected countries, thereby bringing the conflict of laws into contemplation.
“Importantly also, these repatriated funds are based on cooperation and mutual assistance agreements, especially the United Nation 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 the recovery of illicit funds are equally relevant when it comes to the role of 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.
According to the AGF, a typical example is a recent agreement the Federal Government entered into with the Island of Jersey in 2020 and including with other countries around the world.
Saying in a situation where the agreements assume an international character, the specifics of the agreement often dictate the trajectory of recovery, sharing, transfer and implementation.”
He revealed that Falana was ignorant of his claim, saying Falana position is only applicable to revenue locally generated by the Federal Government.
Malami urged Falana to always make factual statements that will enlighten the general public, rather than making ridicule of himself by making utterances that are misleading and calculated at striking discord and confusion in the public domain.