Human rights lawyer, Femi Falana (SAN), has said that the £4.2m asset recovered from former governor of Delta State, James Ibori, must be returned to the state.
During the ceremony with the UK High Commission announcing the return on Wednesday, the Attorney General of the Federation and Minister of Justice, Abubakar Malami (SAN), said the funds will be used to complete the ongoing work on Second Niger Bridge, Abuja-Kano road, and the Lagos-Ibadan road.
But Falana said the federal government cannot convert the recovered sum under local and international law, noting that the repatriated funds from Joshua Dariye and DSP Alamieyesigha in the UK were given to their respective states of Plateau and Bayelsa.
He said: “In AG Lagos State v AGF, it was held that the federal government lacks the ‘vires’ to confiscate or seize the fund payable to the local governments in Lagos State from the Federation Account. Since it is not in doubt that the £4.2 million belongs to Delta State, the federal government cannot, under any law, seize the fund and use it to fix Kano-Abuja road and Lagos-Ibadan road. Why not Warri-Asaba road?”
According to him, the MoU signed with the British government in 2016 for the repatriation, which has not been domesticated by the National Assembly under Section 12 of the Nigerian Constitution, is of no legal effect whatsoever.
He said under international law, the recovered fund has to be paid to the victims of the corrupt practice in Delta State in accordance with Article 35 of the United Nations Convention Against Corruption.
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