TheCable

The Socio-Economic Rights and Accountability Project (SERAP) has asked Abubakar Malami, attorney-general of the federation (AGF), to institute criminal proceedings against Patience Jonathan within seven days.

Reacting to the $15m frozen in the account of four companies, which the first lady has claimed to be hers, the human rights group asked the AGF to act as a defender of public interest by exercising his powers under section 174(1) of the constitution.

In a letter signed by Adetokunbo Mumuni, its executive director, the organisation asked Malami to “take this step within 7 days of the receipt and/or publication of this letter, failing which SERAP will institute legal proceedings to compel the discharge of constitutional duty in this matter”.

“Mrs Jonathan is a politically exposed person under anti-corruption standards. She is also covered under the definition of ‘public officials’ contained in the UN Convention against Corruption to which Nigeria is a state party,” the letter read.

“Under article 2 of the convention, public officials include Mrs Jonathan or any other family members of the former President Goodluck Jonathan who exercised official duties while he was president.

“According to article 2 for the purpose of some specific measures contained in chapter II of this Convention, ‘public official’ may mean any person who performs a public function or provides a public service.

“Thus, article 2 makes it very clear that any person, such as Mrs Jonathan performing a public function, entrusted with a public task or to whom public functions have been assigned are public officials, regardless of whether they have been elected or appointed, paid or unpaid.

“In this context, it is the character of the duties performed by Mrs Jonathan while her husband was president that is the overriding consideration as she held a position of trust by virtue of performing public functions or services. In addition, such public duties or services by her are expected to be performed in good faith.

“Under article 20 of the convention, this government has an obligation to prosecute intentional illicit enrichment, that is, a significant increase in the assets of a public official that he or she cannot reasonably explain in relation to his or her lawful income.

“The fact that the $15m found in the four accounts belong to Mrs Jonathan raises serious suspicion or at the very least a prima-facie case of unexplained wealth/illicit enrichment, and imposes an obligation on Mrs Jonathan to explain and justify the source(s) of the $15m.

“In the event that she is not able to justify, explain or put forth evidence demonstrating the legitimate origin of the $15m, SERAP urges you to take immediate steps to forfeit the asset under appropriate legal proceedings, and to institute criminal prosecution for unexplained wealth in the matter.

“Similarly, section 44 of the Corrupt Practices and other Related Offences Act criminalises unexplained or illicit wealth and allows criminal penalties and forfeiture if in the course of an investigation there are reasonable grounds to believe that a corruption offence has been committed, that is, the failure to explain the origin of the $15m given present or past emoluments, and other relevant circumstances.

“SERAP notes that Mrs Jonathan has admitted that the four accounts belong to her and that she is the sole signatory to these accounts.”