TheCable

Femi Falana, human rights lawyer, has advised President Muhammadu Buhari not to accept Switzerland’s conditions for the return of $321 million loot of Sani Abacha, a former military ruler.

In March, Nigeria and Switzerland signed a letter of intent for the repatriation of the assets, including $321 million allegedly stashed in Swiss banks.

But Falana said the condition given by Swiss government, which allows the World Bank to supervise the spending of the returned assets, breaches international law.

“We note that recently the Swiss ambassador to Nigeria, Mr. Eric Mayoraz, disclosed that the Swiss government would soon return $321m of Abacha loot to Nigeria,” Falana said in his letter.

“As part of the process of repatriation, the ambassador claimed that the government of Switzerland has unilaterally requested the World Bank to supervise the spending of the returned loot.

“We note that grand corruption, money laundering and return of stolen assets have long become major issues of concern to the international community.

“We further note that Switzerland has acceded to all the relevant international treaties such as the United Nations Convention against Corruption for the return of assets.

“We believe that the conditionality imposed on Nigeria, which allows the World Bank to supervise the spending of returned assets by the Nigerian government, breaches international law principles and standards.

“In particular, Article 57 of the UN Convention against corruption requires states parties to return assets on the basis of a final judgment in the requesting state party.

“But in circumstances where there is no final judgment, Article 57 allows for assets to be returned on the basis of agreements or mutually acceptable arrangements, on a case-by-case basis, for the final disposal of confiscated property.

“This provision suggests that Switzerland has no legal authority to impose conditions on Nigeria regarding the spending of recovered assets.

“While the UN Convention against corruption contains provisions for special considerations when states parties are concluding agreements, this does not give the  government of Switzerland the right to unilaterally impose conditions on Nigeria.

“In addition to breaching the clear provisions of Article 57, the imposition of any conditions on the Nigerian government is a flagrant violation of the principles of sovereignty and non-intervention founded in Article 2 of the United Nations Charter.

“Imposing conditions on Nigeria regarding the spending of returned assets is disproportionate and amounts to an unlawful intervention because Switzerland has no legal or moral right to the assets. Indeed, Switzerland is completely complicit for the stashing and depositing of stolen assets from Nigeria in its banks and other financial institutions.”

Falana urged the federal government to collaborate with relevant civil society organisations to mount a campaign locally and internationally “to ensure full compliance by Switzerland, the United States and other western countries to international law principles of accountability, proportionality, sovereignty, equality, fairness and non-interference”.