Human
right activist and lawyer, Comrade Femi Aborisade, has called
on the Federal Government
to charge corrupt officials from whom assets were recovered,
following
Federal Government’s publication of the list of retrieved funds.
He
noted that the identities of persons from whom the recoveries and
forfeitures were made were not disclosed, contrary to repeated
promises made by the President Muhammadu Buhari regime to name and
shame former public officers who had looted public vaults.
Aborisade,
who spoke in Lagos, said non-disclosure
of the identities of suspected looters who have made returns is not
in the public interest, adding that public interest dictates full
disclosure of the value of recovered loot and forfeitures, including
identities of the looters through the prosecutorial judicial system.
“It
should be noted that as far as plea bargain agreements are concerned
under the ACJA, until the court convicts, sentences and makes
appropriate orders under section 270(10)-(12), ACJA, the defendant is
permitted, under section 270 (15)(b), ACJA, to back out of the plea
bargain agreement, if he/she is ready to face trial. If the defendant
withdraws from the plea bargain agreement, section 16 of ACJA
provides that no
references shall be made to any prior admission or confession or the
plea agreement.
“Therefore,
by virtue of section 270(15)(b), ACJA, alleged recoveries made by an
anti-graft agency without charging the looters to court to obtain
definitive court orders is not in the best interest of fighting
corruption in a transparent and non-discriminatory manner,” he
stated.
Aborisade
argued that by
statutory and judicial authorities, disclosure of names as well as
the amount returned, is not just what is legally required but it is
also what is in the public interest.
“We
call on the Federal Government to charge all suspects to court and in
the process, simultaneously, name and shame them. There is no legal
liability in so doing. Non-disclosure of names of looters serves only
undemocratic hegemonic political calculations and provides room for
the likelihood of re-looting part of the recovered loot,” he
asserted.
The
Activist hinted that a fundamental point to first establish is that
disclosure of the identity of persons who have voluntarily been
making returns as well as those who have suffered forfeitures and the
value of what they return or forfeited ought to be a product of a
systematic process of investigation and prosecution through the
judicial system.
He
maintained that the
best tradition of a democratically elected government operating a
written constitution and specific statutes governing specific areas
of law is for government to charge suspects to court.
“In
the process, the names of looters as well as the value of what they
return or forfeited pursuant to any plea bargain agreements,
confessional statements and/or admission of guilt would
simultaneously become public knowledge,” he added. File
Name: Recovered
Assets 06-06-2016
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